Personnel Security; Access Authorization Not Granted; Guideline E (Personal Conduct)
Office of Hearings and Appeals
February 11, 2021On February 11, 2021, an Administrative Judge (AJ) determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires a security clearance. During the security clearance investigation process, the Individual admitted that he provided inaccurate information in his QNSP concerning his past use of marijuana. After further investigation, the DOE suspended the Individual's security clearance process citing Guideline E of the Adjudicative Guidelines.
At the hearing, the Individual did not dispute the DOE's allegations but rather provided witness testimony to clarify and supplement the record. At the conclusion of the hearing, the AJ conclude that the seriousness of the Individual's intentional conduct, the relatively short passage of time, and the Individual's inability to fully acknowledge his behavior presented a continuing concern. Consequently, the AJ concluded that the Individual had not mitigated the Guideline E security concerns. Accordingly, the AJ concluded that the Individual should not be granted access authorization. OHA Case No. PSH-21-0003 (James P. Thompson III).