PSH-21-0114 - In the Matter of Personnel Security Hearing

Access Authorization Not Restored;   Guideline   H   (Alcohol  Consumption) and Bond Amendment

On November 9, 2021, an Administrative Judge (AJ) determined that the Individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual provided a urine   sample   which   tested   positive   for   amphetamines   and   methamphetamines.                                                                            The Individual denied having ever used either substance and attributed the positive test results to his use of an over-the-counter (OTC) decongestant. The Individual submitted evidence that he had been drug tested on at least 41 occasions since 2006 and lab reports indicating that 13 of those tests were negative. The Individual also submitted an assessment of the Individual conducted by a Certified Alcohol and Drug Counselor (the Counselor), who noted that certain OTC medications could cause a positive test result for methamphetamine.

The AJ found that the Individual's testimony appeared sincere and noted that he had a long history of negative random drug tests. However, the AJ found that the objective evidence in the record, i.e., the confirmatory test certified on February 10, 2021, indicated that the Individual had used amphetamines and methamphetamines. The AJ further concluded that

while the Individual had submitted a letter form the Counselor in which she opined that the Individual's use of an OTC medication could have resulted in a false positive test for methamphetamines on the confirmatory test (unless enantiomer analysis was used) it was important to note that she did not similarly opine that the use of an OTC medication could result in a false positive test for amphetamines on the confirmatory test. Therefore the AJ found that since the Individual had not presented any evidence that his use of an OTC medication could have resulted in a false positive test for amphetamines on the confirmatory test, the February 10, 2021, positive confirmation constituted highly probative evidence that the Individual had used amphetamines and nothing in the record cast had doubt on the accuracy of that test. Therefore, the AJ found, the evidence in the record indicated that the Individual used amphetamines and possibly methamphetamines and failed to provide accurate information concerning his amphetamine and methamphetamine use during this proceeding.

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