PSH-21-0113 - In the Matter of Personnel Security Hearing

Access Authorization Granted; Guideline F (Financial Considerations)

On November 19, 2021, an Administrative Judge (AJ) determined that an Individual should be granted access authorization under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires the possession of a security clearance. As part of the application for access authorization, the Individual completed a Questionnaire for National Security Positions form. Therein, the Individual indicated that he had not filed tax returns for tax years 2016 and 2017. The Local Security Office (LSO) informed the Individual that it possessed reliable information, which fell under under Guideline F, Financial Considerations, of the Administrative Guidelines, that created substantial doubt regarding his eligibility to possess a security clearance.

At the hearing, the Individual presented evidence that, for the years in questions, his income was low enough that he was not legally required to file tax returns. He presented further evidence that he timely filed his tax returns for subsequent years and did not have any outstanding tax obligations. The AJ determined that the Individual had mitigated the LSO's concerns under Guideline F. OHA Case No. PSH-21-0113 (Kristin L. Martin)