PSH-23-0110 - In the Matter of Personnel Security Hearing

Access Authorization denied; Guidelines G, and J

Office of Hearings and Appeals

November 8, 2023
minute read time

On November 8, 2023, an Administrative Judge (AJ) determined that an Individual's access authorization under 10 C.F.R. Part 710 should not be restored.

The Individual had a history of two alcohol-related arrests, a non-alcohol related arrest, and had admitted using alcohol in violation of his bail release agreement.  A DOE Psychologist also found that the Individual met the DSM-5-TR criteria for: Alcohol Use Disorder, Severe.

The AJ found that the Individual had only showed that he had been abstaining from alcohol use for a period of four months and that that period of remission was not sufficient to show that the Individual had mitigated the concerns arising the Individual's two alcohol -related arrests and his use of alcohol in violation of his bail agreement.

The AJ, however, found that the security concerns raised by his a non -alcohol related arrest had been mitigated by the passage of time without the occurrence of any similar behavior.

The AJ therefore concluded that the Individual's access authorization should not be restored. ( OHA Case No. PSH-23-0110, Fine)

PSH-23-0110.pdf (182.27 KB)