PSH-21-0073 - In the Matter of Personnel Security Hearing

On September 2, 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   a prospective employee of a DOE contractor for a position that requires the possession of a security clearance. As part of the application for access authorization, the Individual completed a Questionnaire for National Security Positions form in 2019. The DOE Local Security Office subsequently obtained the following information regarding the Individual's past employment misconduct that raised security concerns under Guideline E of the Adjudicative Guidelines: the Individual received written and verbal warnings from an employer in 2019, he resigned from a position in 2018 to avoid possible termination after violating the company's policy, and he was fired from multiple positions between 2012 and 2017 for policy and rule violations.

At the hearing, the Individual did not dispute the terminations, but rather provided witness testimony to resolve the security concerns based on his conduct. At the conclusion of the hearing, the AJ determined that the DOE appropriately invoked Guideline E and that the Individual failed to resolve the security concerns for the following reasons. First, the AJ did not find the security concerns to be mitigated by the severity of the offense, passage of time, frequency, nor surrounding circumstances because the record established a pattern of failing to follow employer rules, sometimes intentionally, up until relatively recently. Second, the AJ found that the Individual had failed to take full responsibility for his conduct. Therefore, the AJ remained concerned regarding the Individual's reliability and judgment. Accordingly, the AJ concluded that the Individual should not be granted access authorization. (Case No. PSH-21-0073, James P. Thompson III)