On August 26, 2020, an Administrative Judge determined that an Individual should be granted access authorization under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires him to hold a DOE security clearance. The Local Security Office (LSO) received potentially derogatory information regarding the Individual's alcohol consumption, psychological condition, and previous criminal conduct. Under Guideline G, the LSO cited the Individual's six alcohol-related arrests. Under Guideline I, the LSO cited the Individual's diagnosis of Unspecified Alcohol-related Disorder, as determined by the DOE Psychologist, and his continued consumption of alcohol to excess. Under Guideline J, the LSO cited the Individual's six past alcohol-related arrests in addition to his 2004 arrest for Patronizing Prostitution.
At the hearing, the Individual and two other witnesses testified. The two witnesses were his current and former supervisors. They both testified that they have never smelled alcohol on or about the person of the Individual and spoke highly of his work ethic. The Individual testified that he has remained abstinent since January 1, 2020, that he complied with all judgments rendered in his criminal matters, and no longer associated with the same individuals he did in 2004. The Individual testified to a strong support system, and his desire to continue living as a law-abiding citizen. Further, at the hearing, the DOE Psychologist revised her opinion to state that she believes there has been sufficient rehabilitation to restore judgment and reliability. The DOE Psychologist noted that he did not have any positive test results from random
workweek testing, that he has had sixteen hours of alcohol-related education, that she initially diagnosed him with a mild unspecified alcohol-related disorder, and the fact that the Individual had reduced stressors in his life. Additionally, six years have passed since the Individual's last alcohol-related arrest and he has since secured steady employment. Based on the Individual's credible testimony and the DOE Psychologist's expert opinion, the Administrative Judge concluded that the Individual had mitigated all security concerns stated in the Notification Letter. The Administrative Judge therefore concluded that the Individual should be granted access authorization. OHA Case No. PSH-20-0056 (Steven L. Fine).