PSH-20-0009 - In the Matter of Personnel Security Hearing

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On January 17, 2020, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a DOE security clearance. In February 2019, the Individual disclosed to the Local Security Office (LSO) that he had been arrested and charged with Aggravated Driving While Under the Influence of Liquor or Drugs (DWI). The LSO subsequently issued the Individual a Letter of Interrogatory (LOI), and a DOE consulting psychiatrist (DOE Psychiatrist) evaluated the Individual in May 2019. The DOE Psychiatrist determined that the Individual met the diagnostic criteria for Alcohol Use Disorder, Mild. During the hearing, the Individual testified that he did not begin taking action to obtain treatment for the alcohol concerns until approximately one week prior to the hearing. He further testified that he had by violated the conditions of release, following the 2019 arrest, by consuming alcohol. After reviewing the evidence and observing all of the testimony at the hearing, the DOE Psychiatrist determined that the Individual had not yet been rehabilitated or reformed. The Administrative Judge determined that the Individual had not resolved the security concerns associated with Guideline G or Guideline J. Accordingly, she concluded that the Individual's access authorization should not be restored. OHA Case No. PSH-20-0009 (Katie Quintana).