Decisions were issued on: - Personnel Security
Office of Hearings and Appeals
September 9, 2022
minute read time
Personnel Security Hearing (PSH)
Access Authorization Not Granted; The Bond Amendment and Guideline H (Drug Involvement and Substance Misuse).
On September 6, 2022, an Administrative Judge determined that the Individual's access authorization should not be granted 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 derogatory information regarding the Individual's drug use . The LSO raised concerns under the Bond Amendment and Guideline H of the Adjudicative Guidelines. Regarding the Bond Amendment, the LSO relied on the Individual's marijuana and cocaine use, the last of which occurred in November 2021. Regarding Guideline H, the LSO cited his extensive use of MDMA/Molly, LSD/mushrooms, marijuana, cocaine, and ketamine. The Judge found that the Individual was not a "unlawful user" or "addict" of a controlled substance under the Bond Amendment. However, the Individual's marijuana and cocaine use in November 2021, while employed by the DOE contractor, while knowing that such use could jeopardize his ability to obtain an access authorization. Although the Individual provided a statement that he intends to abstain from all drug involvement and misuse, He and his witness testified that he is still in situations where illegal substances are offered. Therefore, the Judge found that the Individual had not successfully mitigated the security concerns under Adjudicative Guideline H. Accordingly, the Individual was unable to demonstrate that he had resolved the security concerns arising under Guideline H. (OHA Case No. PSH-22-0088, Fishman)
Access Authorization Restored; Guideline G (Alcohol Consumption)
On September 9, 2022, an OHA Administrative Judge issued a decision in which he determined that an individual's DOE access authorization should be restored. The LSO's security concerns fell under Guideline G of the Adjudicative Guidelines and were based upon the Individual's arrest for DWI in September 2021 and a subsequent finding by a DOE- contracted psychologist that the Individual binge consumed alcohol to the point of impaired judgment. At the hearing, the individual presented evidence that he had undergone treatment for his alcohol misuse, had remained abstinent for at least 10 months, and had successfully acquired the tools and support system to remain sober. After carefully considering the totality of the record, the Administrative Judge found that the individual had mitigated the concerns raised under Guideline G. Consequently, based on all of the above, the Administrative Judge found that the individual's access authorization should be restored . (OHA Case No. PSH-22-0078, Rotman)