PSH-22- 0022 - In the Matter of Personnel Security Hearing

On April 27, 2022, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be granted. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. In May 2021, the Individual was arrested for Aggravated Driving While Under the Influence of Intoxicating Liquor or Any Drug (DWI) after hitting a car with his vehicle. Subsequently, the Individual was evaluated by a DOE consultant psychiatrist ( Psychiatrist) in August 2021. The Psychiatrist diagnosed him with Alcohol Use Disorder, Mild, in early remission. The Psychiatrist also determined that the Individual had not demonstrated adequate evidence of rehabilitation or reformation. At the hearing, the Individual testified that he had successfully completed an intensive outpatient treatment program, an alcohol education program, and "DWI school." However, his testimony also revealed that he had not maintained a year of abstinence from alcohol as recommended by the Psychiatrist, and evidence in the record demonstrated that the Individual had misrepresented his alcohol consumption as well as violated the conditions of release imposed upon him by a court following his DWI. The Psychiatrist ultimately opined that the Individual had not demonstrated adequate evidence of rehabilitation and reformation from the Alcohol Use Disorder, Mild. After considering the evidence in the record and testimony presented at the hearing, the Administrative Judge determined that the Individual had not resolved the security concerns associated with Guideline G. Accordingly, she concluded that the Individual's access authorization should not be granted. (OHA Case No. PSH-22- 0022, Quintana)