PSH-23-0117 - In the Matter of Personnel Security Hearing

On October 25, 2023, an Administrative Jude determined that the Individual's access authorization should not be granted under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. The Local Security Office (LSO) received potentially derogatory information indicating that the Individual had omitted some information from the Questionnaire for National Security Positions (QNSP), that some of the information gathered during the investigation process was discrepant, that the Individual had used an illicit substance in January and June 2022, which was prohibited by his employer and against applicable laws.

The Individual and his supervisor testified at the hearing. While some of the Guideline E concerns were resolved based on the information in the record, the Individaul did not mitigate the alleged omissions from the QNSP. Further, although the Individual did not meet the definition of an unlawful user of a controlled substance or an addict of a controlled substance, and accordingly, the Bond Amendment did not apply. However, the Individual was not able to mitigate the related Guideline H and J concerns. (OHA Case No. PSH-23-0117, Rahimzadeh)