Access Authorization Not Restored; Guideline G (Alcohol Consumption)
Office of Hearings and Appeals
January 25, 2022On January 27, 2022, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual had been arrested and charged with Driving Under the Influence of Alcohol (DUI) in 2019 and in 2021 a DOE Contractor Psychologist concluded that the Individual binged or habitually consumed alcohol to the point of impairment.
During the hearing, the Individual presented evidence that he had entered an intensive outpatient program for alcohol abuse in August 2021 and had begun abstaining from alcohol in July 2021. He had completed some urine tests but had not completed any of the blood tests recommended by the Psychologist to support his abstinence. The Individual testified that he had consciously chosen to consume two glasses of wine on Christmas Day 2021 and that he did not feel bad about it because he had been able to drink responsibly. He stated that he did not intend to seek out alcohol in the future but that he also planned to only consume alcohol in moderation if he chose to drink. The Psychologist testified that the Individual was not yet reformed or rehabilitated from his alcohol issues . She further testified that she believed the Individual had a moderate risk of relapse. The Administrative Judge determined that the Individual had not resolved the security concern associated with Guideline G. Accordingly, she concluded that the Individual's access authorization should not be restored . OHA Case No. PSH-21-0120 (Kristin L. Martin).