PSH-23-0099 - In the Matter of Personnel Security Hearing

On October 23, 2023, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a DOE security clearance. In early October 2022, the Individual was arrested and charged with Criminal Negligence and Operating a Vehicle While Under the Influence of Alcohol or Drugs. The Individual subsequently completed a Letter of Interrogatory (LOI) and admitted that, prior to the arrest, he had consumed three beers and three shots of liquor. In March 2023, the Individual was evaluated by a DOE consultant psychologist (DOE Psychologist) who diagnosed the Individual with Alcohol Use Disorder, Mild, in early remission and opined that the Individual had not shown adequate evidence of rehabilitation. At the hearing, the Individual testified that he had undergone an evaluation with a Substance Abuse Professional (SAP), completed a six-week alcohol education course, sought out individual counseling, participated in approximately eight months of random alcohol testing through his probation officer, and had been abstinent from alcohol for nearly one year. He also submitted laboratory evidence of his abstinence as well as testimonial or documentary evidence from his probation officer, his counselor, and his SAP, all of whom provided positive support on his behalf. After hearing the Individual's testimony and reviewing the evidence, the DOE Psychologist opined that the Individual had demonstrated adequate evidence of rehabilitation and reformation from the Alcohol Use Disorder, Mild. 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. Accordingly, she concluded that the Individual's access authorization should be restored. (OHA Case No. PSH-23-0099, Quintana)