Personnel Security; Access Authorization Restored; Guideline G (Alcohol Consumption)
Office of Hearings and Appeals
January 26, 2021On January 26, 2021, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a DOE security clearance. On April 29, 2019, the Individual tested positive on a random breath alcohol test (BAT) at work. In October 2019, the Individual met with a DOE consulting psychologist (DOE Psychologist) for an evaluation. Following the evaluation, the DOE Psychologist issued a psychological evaluation report (Report), in which she concluded that the Individual met the diagnostic criteria for Alcohol Use Disorder (AUD), Mild, in early remission. During the hearing, the Individual reported that he last consumed alcohol on April 28, 2019, the day before the positive BAT. He further showed that he had successfully completed an intensive outpatient treatment program (IOP) and was actively attending and engaged in the aftercare program. He additionally submitted evidence of monthly alcohol tests, all of which were negative. After reviewing the evidence and observing all of the testimony at the hearing, the DOE Psychologist determined that the Individual had met all her treatment recommendations and that his AUD was now in sustained remission. The Administrative Judge determined that the Individual resolved the security concerns associated with Guideline G. Accordingly, she concluded that the Individual's access authorization should be restored. OHA Case No. PSH-20-0044 (Katie Quintana).