PSH-22-0067 - In the Matter of Personnel Security Hearing

Access Authorization Restored; Guideline J (Criminal Conduct).

On June 28, 2022, an Administrative Judge determined that the Individual's access authorization should be restored under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. The Local Security Office (LSO) received potentially derogatory information regarding the Individual's criminal conduct. Regarding Guideline J, the LSO cited the Individual's two alcohol -related arrests, an Operating While Intoxicated and a Public Intoxication. The Judge found that the Individual had learned from his two arrests, which happened under different circumstances . Although a DOE-consulting psychologist found that the Individual did not have an alcohol use disorder, the Individual still found a therapist. Further, prior to the Public Intoxication arrest, the Individual though he was behaving properly by walking home, while intoxicated rather than consuming more alcohol. The Individual he has taken steps to learn from those mistakes through the 48-hour program required after his Operating While Intoxicated Arrest and consulting a therapist. Accordingly, the Individual was able to demonstrate that he had fully resolved the security concerns arising under Guideline J. (OHA Case No. PSH-22-0067, Fishman)