Personnel Security; Access Authorization Granted; The Bond Amendment and Guidelines H (Drug Involvement and Substance Misuse) and J (Criminal Conduct)
Office of Hearings and Appeals
May 1, 2019
minute read time
On May 1, 2019, an OHA Administrative Judge issued a decision in which she determined that an individual's DOE access authorization should be granted. To support the Bond Amendment and Guideline H security concerns, the LSO relied upon the fact that the Individual admitted that he unlawfully used marijuana in March 2017 and that he unlawfully used marijuana on a daily basis from 1986 to 1999. To support the Guideline J security concerns, the LSO relied upon the fact that the Individual unlawfully used marijuana in March 2017; was cited for Speeding in March 2016; was cited for marijuana possession in 1997 or 1998; unlawfully used marijuana on a daily basis from 1986 to 1998; unlawfully purchased marijuana on a weekly basis from 1986 to 1998; was arrested and charged in February 1992 with Second Degree Felony Burglary after he illegally jumped a fence at an airport; and was arrested and charged with Breaking and Entering in 1992 after he illegally jumped a fence at a hotel. The Administrative Judge found that the Individual's one-time use of marijuana in March 2017 was an anomaly driven by his injured arm. Further, she found that the remoteness in time of the Individual's 1986 to 1999 drug use mitigated the Guideline H security concerns. Further, with regard to the Bond amendment, there was no evidence that the Individual was a current user of illegal drugs or is an addict. As to the Guideline J security concerns, the Administrative Judge found that the marijuana use and two criminal charges from 1992 were too remote in time to cast doubt on the Individual reliability, trustworthiness, or good judgment. The March 2017 marijuana use happened under such unusual circumstances that it is unlikely to recur. Finally, the March 2016 speeding citation was no a significant violation of criminal law, involving a fine of $143, under the amount required to be reported to the LSO. Consequently, based on all of the above, the Administrative Judge found that the Individual's access authorization should be granted at this time. OHA Case No. PSH-19-0007 (Janet R. H. Fishman).