Summary of Decisions - October 18, 2021 - October 22, 2021

Personnel Security Hearing 

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

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. PSH-21-0082 (Steven L. Fine).

Access Authorization Not Restored; Guideline F (Financial Considerations)

On October 21, 2021, an Administrative Judge determined that the Individual's access authorization under   10 C.F.R. Part 710 should not be restored. The Individual is employed by a Department of Energy (DOE) contractor in a position that requires him to hold a DOE security clearance. The Local Security Office (LSO) received potentially derogatory information regarding the Individual. Under Guideline F, the LSO alleged that: 1) the Individual owes $125,439 in unpaid income taxes to the Internal Revenue Service (IRS) for tax years 2010, 2011, 2014, 2015, and 2016; (2) the Individual owes $18,212.57 in unpaid taxes to his state of residence for tax years 2011, 2012, 2013,  2016, 2017, 2018, and 2019 ; (3) an unpaid judgment totaling $13,444 was filed against the Individual in 2012; (4) the IRS placed a lien against the Individual's property in 2014 for the nonpayment of his federal income taxes, and although he was notified of the lien, he has failed to establish a payment plan; and (5) a judgement was filed against the Individual in the amount of $9,542 in 2012 for the nonpayment of a veterinary bill, and although the current amount owed has reached $13, 444, the Individual has failed to establish a payment plan.

The Individual presented his own testimony at the hearing. Based on his testimony and the exhibits entered into the record, the Administrative Judge concluded that the Individual had not mitigated all security concerns stated in the Notification Letter. While the Individual satisfied the judgement against him and provided evidence of payment made to resolve the matter of his outstanding state income taxes, he had not resolved the matter of his outstanding federal income taxes for any tax year, despite prior statements that he intended to establish and follow through with a payment plan with the Internal Revenue Service. The Individual's failure to resolve the matter of his outstanding federal income taxes demonstrated poor judgement and a misunderstanding of his continued duty to file and pay his income taxes.

Accordingly, the Administrative Jude concluded that the Individual had not mitigated all security concerns stated in the Notification Letter. The Administrative Judge therefore concluded that the Individual's access authorization should not be restored. (PSH-21-0094, Janet R. H. Fishman).

Personnel Security; Access Authorization Not Granted; Guideline E (Personal Conduct); Guideline H (H: Drug Involvement and Substance Misuse), Guideline J (Criminal Conduct)

On 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).

Personnel Security; access authorization granted; Guideline E (Personal Conduct) and Guideline H (Drug Involvement and Substance Misuse)

On 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. (PSH-21-0079 Phillip Harmonick)

Access Authorization Not Granted; Guideline F (Financial Considerations)

On October 22, 2021, an Administrative Judge (AJ) determined that the Individual's access authorization under 10 C.F.R. Part 710 should not be granted. A background investigation revealed that the Individual's failed to file her federal and state tax returns for tax years 2017, 2016, and 2015, had significant outstanding federal and state tax debts, and had an unpaid collection account.

The AJ found that the Individual had experienced several financial hardships including several periods of unemployment. However, the AJ further found that these difficult circumstances did not excuse the Individual from her obligation to file her income tax returns, or to have entered into agreements with the IRS and state tax authorities to address her outstanding obligations. While the Individual had started to address her tax and financial issues by hiring a tax attorney, filing her state tax returns, and entering payment plans with the state and her collection account creditor serious security concerns about the Individual remained. The Individual had repeatedly claimed that she filed her federal tax returns for 2015, yet was repeatedly unable or unwilling to provide documentation of this assertion. The Individual claimed that she had filed her federal tax return for 2015 and that she was in possession of a copy of that tax return, yet even when she was given an opportunity to provide a copy of that document in the days following the hearing, she did not do so. Moreover, the Individual, during her hearing testimony, repeatedly provided testimony that was inconsistent with other information she had provided. Further, she did not exhibit the familiarity with her finances and tax status that one would expect of a person in her circumstances. Most importantly, the Individual had not shown that she had filed her federal tax returns for 2015, 2016, and 2017, or that she had agreed to a settlement or repayment plan for her outstanding debt of $23,190 owed to the IRS. Accordingly, the AJ found that given the Individual's past failure or unwillingness to provide accurate information to the LSO or OHA, her stated intention to resolve her tax issues at some unknown point in the future was insufficient to resolve the security concerns raised by her failure to file her federal tax returns and pay her federal taxes.

The Administrative Judge therefore concluded that the Individual's access authorization should not be granted. (PSH-21-0103 Steven L. Fine).