PSH-19-0041 - In the Matter of Personnel Security Hearing

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On November 6, 2019, an OHA Administrative Judge (AJ) issued a decision in which she determined that an Individual's DOE access authorization should be restored. To support the Guideline E security concerns, the LSO relied on the fact that, between March 2017 and October 2018, the Individual was issued a traffic citation and issued written warnings for failure to report to overtime, failure to report to training, and damaging a government vehicle. Additionally, the Individual had been counseled for insubordination after refusing to follow a supervisor's orders, for walking off of an assignment, and for calling in sick from the parking lot. The Individual admitted that he was cited for speeding and missed one training session. He disputed the other claims, regarding his failure to report for training or overtime, damage to a government vehicle, and insubordination. The Individual offered three character witnesses, along with a number of character reference letters. All spoke highly of the Individual. Further, the LSO offered the testimony of a DOE Psychologist, who had evaluated the Individual in 2018. The DOE Psychologist opined that the concerns raised by the LSO did not raise alarm regarding the Individual's reliability, trustworthiness, or good judgement. Consequently, based on all of the above, the Administrative Judge found that the Individual's access authorization should be restored at this time. OHA Case No. PSH -19-0041 (Janet R. H. Fishman).