PSH-22-0102 - In the Matter of Personnel Security Hearing

On November 3, 2022, an Administrative Judge determined that an Individual's access authorization should be restored under 10 C.F.R. Part 710.  In June 2021 the Individual was arrested and charged with Driving Under the Influence (DUI). In his response to a Letter of Interrogatory, he disclosed his two prior DUI charges, one in 1990 and one in 2004. The Individual underwent a psychological evaluation by a DOE Psychologist, and the Psychologist diagnosed the Individual with Alcohol Use Disorder, Mild, in partial remission. At the hearing, the Individual testified that he has been actively participating in his weekly after-care program, and has been participating in AA meetings every week since his June 2021 DUI, along with an additional weekly recovery support group (RSG). He submitted a letter from his after-care program provider, weekly attendance records from all his AA meetings for 15 months, and attendance records for the past 11 months from his RSG group meetings to support his testimony. He testified to the skills he has developed and implemented from his IOP program, his after-care program, and his efforts to maintain outside accountability for his sobriety through his AA and RSG groups. The Individual asserted that he has been abstinent from alcohol since his last use on June 20, 2021, and submitted six negative EtG hair tests to corroborate his assertions of abstinence. He  also testified that he had participated in Individual therapy to address and learn to manage outside stressors to prevent relapse. The Individual presented testimony from his AA/NA sponsor and four additional witnesses who supported his testimony of his progress in recovery and assertions of abstinence since June 2021. Regarding his mitigation efforts concerning his DUI charges, the Individual submitted court records reflecting that he had complied with the terms of his sentence including completion of a DUI course and providing negative BAC results from his ignition interlock device for the four months during which he had a restricted driver's license. The Psychologist opined that the Individual's diagnosis of alcohol use disorder is in full remission. Even though the Individual did not undergo PEth tests as was recommended in the Psychologist's report, the Psychologist nonetheless opined that the Individual has presented sufficient evidence of rehabilitation and reformation. 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 and Guideline J. Accordingly, she concluded that the Individual's access authorization should be restored. (OHA Case No. PSH-22-0102, Balzon)