PSH-21-0096 - In the Matter of Personnel Security Hearing

On December 15, 2021, an Administrative Judge determined than an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual was an applicant for a position with a Department of Energy (DOE) contractor that would require the Individual to hold access authorization. The Individual certified on a background questionnaire that he had not used illegal drugs in the preceding seven years. However, a few months later, the Individual admitted to an investigator that he had tried marijuana for the first time one month prior to certifying his questionnaire. At the time, he explained that he had forgotten about the drug use when filling out the questionnaire.

At the hearing, the Individual presented evidence that he had not used marijuana since the date one month before certifying his questionnaire. However, he admitted that he disclosed the incident to the investigator because he realized during that interview that the background investigation process was serious and feared he would be subject to drug testing that would reveal his drug use. The Administrative Judge found that the Individual had mitigated the Guideline H concerns because the drug use was one time and was unlikely to recur. However, the Administrative Judge found that the Individual had not mitigated the Guideline E concerns because the Individual's explanations for his omission continued shifting throughout the administrative review process and, even if the omission was a memory lapse, the Individual's statements cannot be relied upon to be accurate. Accordingly, the Administrative Judge recommended that DOE should not grant access authorization to the Individual. OHA Case No. PSH-21-0096 (Kristin L. Martin)