PSH-22-0091 - In the Matter of Personnel Security Hearing

Access Authorization Restored; Guideline G

Office of Hearings and Appeals

August 25, 2022
minute read time

On August 25, 2022, an Administrative Judge (AJ) determined that the Individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual had been diagnosed with Alcohol Use Disorder, Severe, after the Individual's employer, a DOE Contractor, administered a breath alcohol test to the Individual that indicated his breath alcohol content was .112 G/210L. However, the evidence in the record convinced the AJ that the Individual was fully committed to addressing his AUD and maintaining his sobriety, and had been successful in doing so.  The AJ found that the Individual had fully complied with the Psychologist's treatment recommendations, attended individual and group counseling for ten months and had developed a strong support network which included his family, his fellow attendees of his counseling group, and the staff and fellow attendees of his gym. Especially important, to the AJ, was the evidence in the record indicating that the Individual had been able to abstain from alcohol use for the past ten months, and the Individual's own testimony which the AJ found to be credible and well corroborated.

The Administrative Judge therefore concluded that the Individual's access authorization should be restored. (OHA Case No. PSH-22-0091, Fine)

PSH-22-0091.pdf (160.62 KB)