PSH-22-0042 - In the Matter of Personnel Security Hearing

Access Authorization Restored; Guideline G (Alcohol Consumption); Guideline J (Criminal Conduct)

Office of Hearings and Appeals

April 13, 2022
minute read time

On April 13, 2022, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. In early February 2021, the Individual self-reported that he had been arrested for Driving Under the Influence (DUI) in January 2021. Subsequently, the Individual completed a Letter of Interrogatory (LOI) in February 2021 and was evaluated by a DOE consultant psychologist (Psychologist) in May 2021. The Psychologist diagnosed him with Alcohol Use Disorder, Moderate, without adequate evidence of rehabilitation or reformation. At the hearing, the Individual testified that he had successfully completed an outpatient treatment program, had been abstinent from alcohol for nearly a year, and had subsequently observed improvements in his life . After hearing the Individual's testimony, the Psychologist opined that the Individual had demonstrated adequate evidence of rehabilitation and reformation from the Alcohol Use Disorder, Moderate. After considering the evidence in the record and testimony presented at the hearing, the Administrative Judge determined that the Individual had resolved the security concerns associated with Guideline G and Guideline J. Accordingly, she concluded that the Individual's access authorization should be restored. (OHA Case No. PSH-22-0042, Quintana)

PSH-22-0042.pdf (153.73 KB)