Access Authorization Not Granted; Guideline E (Personal Conduct); Guideline H (Drug Involvement and Substance Misuse)
Office of Hearings and Appeals
October 13, 2023On October 13, 2023, an Administrative Judge (AJ) determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The DOE Local Security Office ( LSO) suspended the Individual's security clearance investigation after it discovered that he had omitted some and provided other conflicting information regarding his past marijuana use from a security clearance questionnaire and during an investigatory interview, he had omitted information regarding his unpaid debts from investigative paperwork, and he had used marijuana several times throughout his life which lead to several failed drug tests, most recently in 2021.
At the conclusion of the hearing, the AJ determined the following. The LSO appropriately invoked Guidelines E and H. The AJ also found that the Individual did not put forth sufficient evidence to resolve the Guideline E and Guideline H concerns. Because the concerns remained unresolved, the AJ concluded that the Individual should not be granted access authorization. (OHA Case No. PSH-23-0104, Thompson III)