Personnel Security; Access Authorization Not Restored; Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct)
On September 25, 2020, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual was arrested and charged with Driving while Under the Influence of Alcohol (DUI) in 2019. The Individual previously committed five alcohol-related offenses, including DUI, as a minor. During a clinical interview with a DOE-contracted psychologist (Psychologist), the Individual reported that he consumed alcohol to intoxication twice weekly. The Psychologist issued a report in which he concluded that the Individual habitually consumed alcohol to the point of impaired judgment. The Psychologist recommended that the Individual abstain from alcohol for nine months, document his abstinence from alcohol with appropriate laboratory testing, and participate in an intensive outpatient treatment program (IOP) followed by aftercare. At the hearing, the Individual testified that he had abstained from alcohol for two months, but had not obtained testing to verify his modified consumption or participated in the IOP as recommended by the Psychologist. The Psychologist testified that his opinion was unchanged, and that the Individual's prognosis for avoiding returning to problematic alcohol consumption was less than moderately positive. The Administrative Judge determined that, because the Individual had not demonstrated a sufficient period of abstinence from alcohol or complied with the Psychologist's treatment recommendations, the Individual had not resolved the security concerns under Guideline G. Additionally, because the Individual remained at risk to return to problematic drinking, the Administrative Judge determined that the Individual's alcohol-related criminal behavior was not unlikely to recur and that the Individual had not resolved the security concerns under Guideline J. Therefore, the Administrative Judge concluded that the Individual's access authorization should not be restored. OHA Case No. PSH-20-0068 (Steven L. Fine).