PSH-21-0053 - In the Matter of Personnel Security Hearing

On July 19, 2021, an Administrative Judge determined that the Individual's access authorization under 10 C.F.R. Part 710 should not be granted. The Individual is employed by a DOE contractor in a position that requires him to hold a DOE security clearance. The Local Security Office (LSO) received potentially derogatory information. Under Guideline E, the LSO alleged that the Individual omitted his marijuana use and several criminal charges and arrests from the Questionnaire for National Security Positions (QNSP). Under Guideline F, the LSO alleged that the Individual had several outstanding debts and that he failed to file federal and state income taxes for tax year 2017. Under Guideline J, the LSO alleged that between the years 1991 to 2017, the Individual was charged with and arrested for a number of criminal offenses.

At the hearing, the Individual denied purposely omitting any information related to his marijuana use and criminal record from the QNSP, stating that the omission was due to forgetfulness. However, he did not disclose the omitted facts prior to being confronted with them. In weighing the evidence, the Administrative Judge could not find that the Individual mitigated Guideline E concerns. Further, although the Individual had established payment plans for several of the outstanding debts enumerated in the Notification Letter, the record did not contain any information regarding the resolution of the rest of his outstanding obligations. Despite the Individual providing evidence of having successfully filed and satisfied his federal and state income tax obligations for tax year 2017, the Administrative Judge determined that the Individual could not mitigate all Guideline F concerns.

Despite evidence that the Individual had made significant evidence regarding positive changes in his life, the Administrative Judge could not find that the Individual had mitigated Guideline J concerns. In the context of the Individual's arrest history, his current four-year history without any arrest or charge could not be considered sufficient to totally assuage the security concern his extensive record raised. Considering the nature of some of the criminal offenses, the Administrative Judge could not find that the criminal behavior is unlikely to recur or took place under unusual circumstances. Based on the testimony of all witnesses and the evidence submitted, the Administrative Judge therefore concluded that the Individual's access authorization should not be granted. OHA Case No. PSH-21-0053 (Richard A. Cronin, Jr.).