Access Authorization Restored; Guideline G (Alcohol Consumption)
Office of Hearings and Appeals
April 21, 2022On April 21, 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. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. In late November 2020, the Individual self-reported that he had been arrested for Driving Under the Influence (DUI) and having an open container in his vehicle. A few days later, the Individual was placed on Administrative Leave "due to being at work with an alcohol odor." In August 2021, the Individual was evaluated by a DOE consultant psychologist (Psychologist). The Psychologist diagnosed him with Alcohol Use Disorder, Severe, in early remission, without adequate evidence of rehabilitation or reformation. At the hearing, the Individual testified that he had successfully completed both and inpatient and outpatient treatment program as well as the accompanying aftercare. Furthermore, he had been abstinent from alcohol for over a year and was fully engaged with a peer support group for first responders who had experienced trauma. 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, Severe, and was in full remission. 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. Accordingly, she concluded that the Individual's access authorization should be restored. (OHA Case No. PSH-22-0027, Quintana)