Access authorization granted; Guideline E (Personal Conduct) and Guideline H (Drug Involvement and Substance Misuse)
Office of Hearings and Appeals
October 22, 2021On October 22, 2021, an Administrative Judge determined that an Individual should be granted access authorization under 10 C.F.R. Part 710. The Individual completed a Questionnaire for National Security Positions (QNSP) and disclosed that he had previously sought treatment for opioid addiction. During the subsequent investigation of the Individual's eligibility for access authorization, the Individual explained that he became addicted to Hydrocodone he was prescribed following a severe car accident and that he had illegally purchased and used Hydrocodone while holding a DOE security clearance. The Individual testified at the hearing that he had voluntarily sought treatment for his addiction in 2015 after he was unable to overcome his addiction on his own. The Individual indicated that he had not engaged in substance misuse since completing treatment and did not intend to do so in the future. The Individual further testified that, based on his experience, he would consult with his doctor should he ever require pain management in the future to avoid exposing himself to the risk of addiction. The Administrative Judge determined that the Individual's forthcomingness concerning his prior derogatory conduct, treatment to resolve his addiction, and assurances that he would not misuse prescription medication in the future mitigated the security concerns under Guideline E. Furthermore, the Administrative Judge found that the circumstances under which the Individual became addicted to opioids and success in ending his substance misuse mitigated the security concerns under Guideline H. Therefore, the Administrative Judge determined that the Individual should be granted access authorization. (Phillip Harmonick)