Clearance Not Restored; Guideline F (Financial Considerations)
Office of Hearings and Appeals
February 17, 2022On February 17, 2022, 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 requiring that he hold a DOE security clearance. The Individual reported that he failed to file state and federal tax returns for tax years 2013-2018.
The Individual presented evidence that he had filed all of his past due tax returns, but some only recently and one after the hearing. He owed nearly $ 200,000 total for to federal and state tax agencies. While the Individual testified that he intended to begin a payment plan of $ 5,000 per month soon, as of the hearing date he had not made any payments toward his tax debt. The Administrative Judge determined that the Individual had not resolved the security concern associated with Guideline F. Accordingly, she concluded that the Individual's access authorization should not be restored.(OHA Case No. PSH-21-0110, Martin)