PSH-20-0068 - In the Matter of Personnel Security Hearing

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).