Access Authorization Not Restored; Guideline G (Alcohol Consumption)
Office of Hearings and Appeals
November 16, 2023On November 16, 2023, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. In March 2023, the Individual was arrested and charged with Aggravated Driving While Under the Influence of Intoxicating Liquor. At the request of the local security office (LSO), the Individual met with a DOE-contracted psychologist (DOE Psychologist) for a psychological evaluation. Following the evaluation, the DOE Psychologist issued a report in which she concluded that the Individual met sufficient diagnostic criteria for a diagnosis of Alcohol Use Disorder (AUD), Moderate, under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition and that she binge consumed alcohol to the point of impaired judgment. The DOE Psychologist recommended that the Individual abstain from alcohol for at least six months and undergo treatment. At the hearing, the Individual established that she had abstained from alcohol since her arrest. However, she had not participated in alcohol -related treatment as recommended, and the DOE Psychologist opined that the Individual's prognosis was only fair. The Administrative Judge concluded that the Individual had not resolved the security concerns asserted by the LSO under Guideline G, and therefore determined that her access authorization should not be restored. ( OHA Case No. PSH-23-0124, Harmonick)