PSH-22-0137 - In the Matter of Personnel Security Hearing

On December 28, 2022, an Administrative Judge determined that the Individual's access authorization under 10 C.F.R. Part 710 should be granted. The Individual had an extensive history of multi - substance abuse, addiction, and three drug -related arrests. At the LSO's request, the Individual was evaluated by a DOE Psychologist (the Psychologist) who found that the Individual met the criteria for Stimulant Use Disorder (SUD) in early remission, without adequate evidence of rehabilitation or reformation.

At the hearing, the Individual provided the testimony of four witnesses, including his treating psychiatrist (Psychiatrist) and himself, to show that he had successfully mitigated the security concerns raised under Guideline H. The Individual acknowledged his SUD and testified credibly regarding the actions he has taken to overcome substance abuse problem including undergoing in - patient and out-patient treatment programs, individual counseling, and medication therapy. He also showed that he has abstained from illegal drug use for over fourteen months, and provided examples of the growth and skills he has developed through his treatment and implemented to maintain his sobriety.

The Psychologist testified that after listening to the hearing testimony, his impression is that the further the Individual has gotten away from drug use, the more he sees himself as having a future, and that he has developed a self-image as an ex-drug user who is proudly achieving his new goals. The Psychologist ultimately opined that he no longer sees the Individual's SUD as being in "early remission" and now considers his SUD to be "in remission." He further testified that he believed that the Individual does not currently have a condition that can impair his judgment, reliability, civility, or trustworthiness.

After the hearing, the AJ found that the Individual had provided credible testimony establishing that he had abstained from substance abuse for over fourteen months and thereby has established a pattern of abstinence. The AJ found that the Individual has successfully addressed his substance abuse disorders through treatment programs, individual counseling, and medication therapy, and noted that the Psychiatrist and Psychologist both opined that the Individual's substance abuse disorders are now in full sustained remission. Moreover, the AJ noted he was particularly impressed by the Individual's candor and credibility, and found that the Individual has made major life changes to overcome his drug involvement. The AJ found that the security concerns raised under Guideline H by the Individual's SUD and his drug involvement have been resolved by the evidence in the record showing that he has been reformed and rehabilitated.

The AJ therefore concluded that the Individual's access authorization should be granted. (OHA Case No. PSH-22-0137, Fine)