PSH-21-0082 - In the Matter of Personnel Security Hearing

Access Authorization Not Granted; Guidelines G (Alcohol Consumption) and I (Psychological Conditions)

Office of Hearings and Appeals

October 19, 2021
minute read time

On October 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 had a history of one DUI in 2018. A DOE Psychologist found that the Individual binge consumes alcohol to the point of impaired judgment and that the Individual has an emotional, mental, or personality condition or conditions that can impair his judgment, reliability, stability, or trustworthiness.

Based on the testimony of all witnesses and the evidence submitted, the Administrative Judge concluded that the Individual had not been sufficiently resolved the security concerns arising from the Psychologist's conclusions and his DUI arrest. Accordingly, the Administrative

Judge concluded that the Individual had not provided adequate evidence of rehabilitation or reformation to mitigate and resolve the security concerns raised under Guideline G or I.

In reaching this conclusion, the Administrative Judge found that the Individual's hearing testimony, in which he provided deceptive or evasive testimony on several occasions, validated the DOE Psychologist's concerns about his judgement, trustworthiness, and reliability. Moreover, the Individual had not presented any expert testimony or opinion indicating that he has received psychotherapy or other treatment that successfully addressed this his conditions.

The Administrative Judge therefore concluded that the Individual's access authorization should not be granted. (Steven L. Fine).

PSH-21-0082.pdf (191.87 KB)