Access Authorization Not Granted; Guideline E (Personal Conduct); Guideline H (H: Drug Involvement and Substance Misuse), Guideline J (Criminal Conduct)
Office of Hearings and Appeals
October 21, 2021On October 21, 2021, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. During a background investigation derogatory information was discovered indicating that the Individual had used half an ounce of marijuana per day in 2012, had lived in a home where marijuana was grown in 2012, and had attempted to conceal her involvement with and use of marijuana from investigators.
At the Hearing, the Individual presented evidence that she had not used marijuana and that the allegation that she had used it in 2012 was due to her fiancé misunderstanding a question from a local compliance officer. She also presented evidence that she was not involved in the cultivation of marijuana in her home. Finally, the Individual presented evidence that she did not intentionally conceal her involvement with marijuana, but had actually misunderstood the questions and answered truthfully when probed further.
The Administrative Judge concluded that the Individual had mitigated the security concerns raised by the LSO regarding her use of marijuana and her involvement with its cultivation. However, the Administrative Judge found that the Individual's reliability was still in question, because, even if her lack of candor was unintentional and due to confusion, her statements could not be relied upon. Accordingly, the Administrative Judge concluded that the Individual should not be granted access authorization. OHA Case No. PSH-21-0077 (Kristin L. Martin).