PSH-23-0123 - In the Matter of Personnel Security Hearing

Access Authorization Not Granted; Guideline F (Financial Considerations)

Office of Hearings and Appeals

November 21, 2023
minute read time

On November 21, 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 failed to file his federal income taxes for tax years 2020 and 2021.

The Individual testified on his own behalf as to the circumstances that led to this situation, including that his wife had been solely responsible for the couple's finances, that she was unable to file the taxes for tax years 2020 and 2021 due a serious illness, that he remained unaware of their financial woes throughout this time, and that the Individual's efforts to engage the services of tax professionals since his wife's death has so far not yielded any success. There was no testimony or written accounts from witnesses with knowledge of his situation, and there were no documents or receipts that could corroborate his efforts to resolve his financial situation, outside of the unfiled income taxes . At the time of the hearing, the Individual's federal income taxes remained unfiled. The Administrative Judge could not conclude that the Individual had mitigated the stated Guideline F concerns. ( OHA Case No. PSH-23-0123, Rahimzadeh)

PSH-23-0123.pdf (169.6 KB)