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October 2, 2015
PSH-15-0054 - In the Matter of Personnel Security Hearing

On October 2, 2015, an OHA Administrative Judge (AJ) issued a decision in which he concluded that the DOE should not restore access authorization to an individual. A DOE Operations Office referred the individual to administrative review citing as security concerns under 10 C.F.R. § 710.8, paragraph (l) the individual’s failure to provide complete and truthful answers during a Personnel Security Interview regarding his 2014 arrest on five counts of Harassment.

September 29, 2015
PSH-15-0058 - In the Matter of Personnel Security Hearing

On September 29, 2015, an OHA Administrative Judge issued a decision in which he determined that an individual’s request for a DOE access authorization should be granted.  The local security office had alleged that the individual’s marriage to an undocumented immigrant for a non-sensitive nation constituted criminal activity and association with a criminal.  Citing Federal court precedent, the Administrative Judge found that, as a general rule, it is not a crime for an undocumented immigrant to remain in the United States, and that cohabitating with an undocumented immigrant does not const

September 24, 2015
PSH-15-0052 - In the Matter of Personnel Security Hearing

On September 24, 2015, an OHA Administrative Judge (AJ) issued a decision in which she concluded that the DOE should not restore access authorization to an individual. A DOE Operations Office referred the individual to administrative review citing as security concerns under 10 C.F.R. § 710.8, paragraphs (f) and (l), the individual’s failure to provide complete and truthful answers on his QNSPs, his financial difficulties, and his criminal background.

September 22, 2015
PSH-15-0057 - In the Matter of Personnel Security Hearing

On September 22, 2015, an OHA Administrative Judge issued a decision in which he determined that an individual’s DOE access authorization should be restored.  The LSO had alleged that the individual’s admission that he had taken one of his dog’s prescription pain pills (Tramadol) constituted illegal drug use which raised significant security concerns about the individual’s judgment, reliability and trustworthiness, even though the individual had a prescription for the same pain medication (which he had left at the office).  The Administrative Judge found that the individual’s action exhibi

September 22, 2015
PSH-15-0056 - In the Matter of Personnel Security Hearing

On September 22, 2015, an OHA Administrative Judge issued a decision in which she concluded that an individual’s access authorization should be restored.  Pursuant to criterion (k) of part 710.8 and the Bond Amendment, a Local Security Office (LSO) cited the individual’s positive drug test for marijuana during a random urinalysis in January 2015, while holding a security clearance, and his ingestion of steroids from 1988 to 1989 and marijuana from 1978 to 1981.  Under criterion (l), the LSO cited the individual’s failure to report that he ingested marijuana until after he received the resu

September 15, 2015
PSH-15-0043 - In the Matter of Personnel Security Hearing

On September 15, 2015, an Administrative Judge issued a decision in which he determined that an individual’s request for a DOE access authorization should be granted. In reaching this determination, the Administrative Judge found that the individual had resolved security concerns under Criteria H regarding a diagnosis of Bipolar Disorder II by a DOE Psychologist (DOE Psychologist).

September 14, 2015
PSH-15-0049 - In the Matter of Personnel Security Hearing

On September 14, 2015, an Administrative Judge issued a decision in which he determined that an individual’s access authorization should not be restored. In reaching this determination, the Administrative Judge found that the individual had not resolved security concerns under Criteria H regarding a diagnosis of Dissociative Amnesia with Dissociative Fugue by a DOE psychologist (DOE Psychologist) and his assessment that the individual’s personality traits could cause defects in his judgment and reliability.

September 11, 2015
PSH-15-0047 - In the Matter of Personnel Security Hearing

On September 11, 2015, an OHA Administrative Judge issued a decision in which he concluded that an individual’s security clearance should not be restored.  The LSO referred the individual to a DOE consulting psychiatrist following a workplace incident. The psychiatrist opined that (1) the individual met the diagnostic criteria set forth in the DSM-5 for Delusional Disorder, Persecutory Type, and for Bipolar I Disorder, most recent episode manic, in full remission, and (2) these disorders either did cause or could cause a significant defect in the individual’s judgment or reliability.

September 2, 2015
PSH-15-0041 - In the Matter of Personnel Security Hearing

On September 2, 2015, an OHA Administrative Judge issued a decision in which he determined that an individual’s DOE access authorization should be restored.  A local security office had alleged that individual’s history of an alcohol-related arrest and excessive alcohol consumption, as well as an opinion by a DOE psychologist that he was a user of alcohol habitually to excess, which causes or may cause a significant defect in the individual’s judgement and reliability, raised concerns about the individual’s eligibility to maintain a security clearance.  At the hearing, the individual showe

August 27, 2015
PSH-15-0042 - In the Matter of Personnel Security Hearing

On August 27, 2015, an Administrative Judge issued a decision in which he determined that an individual's access authorization should be restored.  The individual was charged with computer crimes after being placed on administrative leave by a former employer.  After the Local Security Office (LSO) conducted an interview with the individual, it determined that he had not resolved the LSO’s security concerns under Criterion L arising from the criminal charges.  At the hearing, the individual explained the factual bases for the charges and for their dismissal at the state court level.  The A