PSH-21-0051 - In the Matter of Personnel Security Hearing

On July 29, 2021, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be granted. The Individual is employed by a DOE contractor in a position that requires him to hold a DOE security clearance. The Individual completed and signed the Electronic Questionnaires for Investigations Processing ( e-QIP) in December 2019. In response to the e-QIP's questions regarding his criminal history, the Individual indicated that he had been imprisoned for a term exceeding one year, resulting from a 2009 conviction of Assault on a Federal Officer. The Individual also indicated that he was convicted of Driving while Intoxicated (DWI) on several occasions. Due to unresolved security concerns, the LSO informed the Individual, in a Notification Letter, that it possessed reliable information that created substantial doubt regarding the Individual's eligibility to hold a security clearance. In an attachment to the Notification Letter, the LSO explained that the derogatory information raised security concerns under the Bond Amendment and Guideline J (Criminal Conduct) of the Adjudicative Guidelines. During the hearing, the Individual testified that the event that led to his imprisonment occurred in 2005, and since that time, he has not engaged in any criminal conduct. The Individual and his witnesses testified regarding his rehabilitation, including his successful and early completion of his probation, his positive employment record and job training, and his contribution to his community. After considering the evidence in the record and testimony presented at the hearing, the Administrative Judge determined that the Individual had resolved the security concerns associated with Guideline J and was eligible for a waiver pursuant to the Bond Amendment. Accordingly, she concluded that the Individual's access authorization should be granted. OHA Case No. PSH-21-0051(Katie Quintana).