Access Authorization Not Restored; Guideline G (Alcohol Consumption); Guideline J (Criminal Conduct)
Office of Hearings and Appeals
November 23, 2021On November 23, 2021, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a DOE security clearance. In July 2020, the Individual was arrested and charged with Simple Assault. His conditions of release prohibited the consumption of alcohol. In August 2020, the Individual was arrested and charged with Public Intoxication, thus violating the conditions of release. As a result of these charges, the Individual was evaluated by a DOE consultant psychologist (Psychologist) in October 2020. The Psychologist diagnosed him with Alcohol Use Disorder, Moderate, and determined that the Individual had not demonstrated adequate evidence of rehabilitation or reformation. The Individual's testimony at the hearing revealed that he had not complied with the Psychologist's recommendations regarding abstinence from alcohol or alcohol testing. Further, the Psychologist testified that, based upon the Individual's testimony, she did not believe that the Individual was adhering to the precepts of AA. After considering the evidence in the record and testimony presented at the hearing, the Administrative Judge determined that the Individual had not resolved the security concerns associated with
Guideline G and Guideline J. Accordingly, she concluded that the Individual's access authorization should not be restored. OHA Case No. PSH-21-0081 (Katie Quintana)