Personnel Security Case; Access Authorization Not Granted; Guideline F (Financial Considerations)
Office of Hearings and Appeals
August 26, 2020On August 26, 2020, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be granted. The Individual is employed by a DOE contractor in a position that requires him to hold a DOE security clearance. In applying for his clearance, the Individual completed a Questionnaire for National Security Positions (QNSP) in October 2017. In response to the financial questions, the Individual indicated that he had failed to file or pay his Federal and state taxes for the 2012-2016 tax years. Subsequently, the Local Security Office (LSO) asked him to complete a Letter of Interrogatory (LOI). The LSO alleged that the Individual had not filed: (1) his personal state taxes for the 2012 tax year, (2) his personal Federal or state taxes for the 2013-2016 tax years; and (3) his Federal or state business income taxes for the 2013-2017 tax years. The LSO further alleged that the Individual owed approximately $25,000 to the Internal Revenue Service (IRS), resulting from his business income taxes for the 2012 tax year, and that he had taken no action to make arrangements to pay the debt. Lastly, the LSO asserted that the Individual had three outstanding collections accounts totaling approximately $1,200. During the hearing, the Individual testified that he had paid all of his outstanding collection accounts in full. However, he stated that, although he had filed all of his outstanding taxes, he had not yet made any payments to the IRS or state tax authority. The Administrative Judge determined that the Individual had not resolved the security concerns associated with Guideline F. Accordingly, she concluded that the Individual's access authorization should not be granted . OHA Case No. PSH-20-0028 (Katie Quintana).