Decisions were issued on: - Personnel Security
Office of Hearings and Appeals
October 16, 2020
minute read time
Personnel Security Hearing (PSH)
On October 14, 2020, an Administrative Judge determined that an individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual's access
authorization was suspended after he was arrested and charged with driving under the influence and subsequently received a diagnosis of Alcohol Use Disorder, Moderate. At the
hearing, the Individual testified that he had not abstained from alcohol as recommended by multiple medical professionals, despite taking medication to support abstinence. The
Individual also stated his intent to continue consuming moderate amounts of alcohol in the future and did not believe that he had an issue with alcohol. A DOE-Contractor Psychologist who had evaluated the Individual testified that because the Individual continued to consume alcohol against the advice of medical professionals and despite experiencing negative consequences in his personal and professional life, he could not consider the Individual rehabilitated. The Administrative Judge found that the Individual had not mitigated the concerns surrounding his alcohol use and therefore had not mitigated the security concerns under Guidelines G and I. She further found that the Individual's alcohol use and criminal conduct were inextricably linked and, therefore, the Guideline J concerns also were not mitigated. As such, the Administrative Judge concluded that the Individual's access
authorization should not be restored. OHA Case No. PSH-20-0062 (Kimberly Jenkins- Chapman).