Access Authorization Restored; Guideline A (Alcohol Consumption), Guideline J ( Criminal Conduct)
Office of Hearings and Appeals
April 6, 2023On April 6, 2023, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should be restored. In May 2022, the Individual was arrested and charged with Driving While Intoxicated. She had previously been arrested and charged with Driving Under the Influence in 2014. A DOE Contractor psychologist opined that the Individual habitually consumed alcohol past the point of intoxication. The Individual's security clearance was suspended pursuant to Administrative Guidelines G (Alcohol Consumption) and J (Criminal Conduct) At the hearing, the Individual presented evidence that she had completed an Intensive Outpatient Program and was attending an aftercare program and counseling. She also presented evidence that she had been abstinent from alcohol for eight months and testified that she intended to remain abstinent indefinitely . The psychologist and the Individual's counselor both opined that the Individual's prognosis was good . For the foregoing reasons, the Administrative Judge found that the Individual had mitigated the Guideline G and Guideline J concerns and recommended that the Individual's security clearance be restored. (OHA Case No. PSH-23-0029, Martin)