PSH-19-0038 - In the Matter of Personnel Security Hearing

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On October 17, 2019, an OHA Administrative Judge issued a decision in which she determined that an Individual's DOE access authorization should not be restored. To support the Guideline G security concerns, the LSO relied on a DOE psychologist's opinion that the Individual was a habitual and heavy consumer of alcohol.  In addition, the LSO relied upon the Individual's 2018 and 2013 arrests for DWI. To support Guideline I security concerns, the LSO relied upon the DOE psychologist's opinion that the Individual's lack of candor constitutes a personality condition that undermined her trustworthiness.    Despite the DOE Psychologist's opinion at the hearing that the Individual is rehabilitated and reformed from her alcohol use and no longer suffers from a lack of candor, the Administrative Judge disagreed and found the Individual did not meet any of the mitigating conditions listed in the Adjudicative Guidelines for Guideline G. Based on the Individual's efforts to hide her problematic drinking and the recency of her latest DWI, the Administrative Judge determined that her problematic behavior is likely to recur.  Further, the Administrative Judge found that she had not demonstrated a clear and established pattern of modified consumption or abstinence. Finally, the Administrative Judge determined that she has not made adequate progress with her counseling.  As to the Guideline I concern, the Administrative Judge determined that the Individual continued to misrepresent the amount of alcohol she consumed prior to her psychological evaluation. Therefore, she has failed to mitigate the Guideline I concern. Consequently, based on all of the above, the Administrative Judge found that the Individual's access authorization should not be restored at this time. OHA Case No. PSH-19-0038 (Janet R. H. Fishman).