PSH-20-0065 - In the Matter of Personnel Security Hearing

On September 17, 2020, an Administrative Judge determined that an Individual's access authorization should not  be  restored  under  10 C.F.R.  Part  710.  The  Individual  is  employed  by a DOE contractor in a position that requires a security clearance. The DOE obtained  information that the Individual had several documented rule violations, including the misuse of    his employer's information technology system, and failed to disclose information during his security clearance process. During the hearing, the Administrative Judge found that the  Individual's statements and testimony surrounding his rule violations reflected negatively on his candor and character for truthfulness.  The  Administrative  Judge  also  found  that  the  Individual's failure to disclose misconduct during the security clearance process represented questionable judgement and lack of candor. Finally, the Administrative Judge reached the conclusion that the record, including  the  Individual's  testimony  regarding  the  circumstances  that led to his suspension for violating his employer's information technology rules of conduct,    left doubt regarding the Individual's  reliability,  trustworthiness,  and  good  judgment  or  that  such misconduct will be unlikely to reoccur. Accordingly, the Administrative Judge found that    the Individual failed to mitigate the Guideline E and M concerns and concluded that the Individual's access  authorization  should  not  be  restored.  OHA  Case  No.  PSH-20-0065 (  James P. Thompson III).