PSH-23-0142 - In the Matter of Personnel Security Hearing

On January 18, 2024, an Administrative Judge determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual is employed by a DOE Contractor in a position that requires her to hold a security clearance. The Local Security Office (LSO) received potentially derogatory information regarding the Individual's alcohol consumption and criminal conduct . The LSO alleged that the DOE Psychologist diagnosed the Individual with Unspecified Alcohol ­Related Disorder, that the results of the PEth test that was administered indicated heavy alcohol consumption, and the DOE Psychologist concluded that the Individual was binging or drinking significant amounts of alcohol habitually to the point of impaired judgment, reliability, and trustworthiness. The LSO also alleged that the Individual was arrested and charged with DUI in October 2022, Suspicion DUI in January 2020, and that she pleaded guilty to Reckless Driving following her arrest in January 2020.

The Individual had not completed any of the recommendations made by the DOE Psychologist and continued to consume alcohol. The DOE Psychologist testified that his assessment of the Individual remained the same from the time he first evaluated her. Although the Individual alleged that she had been drugged on the day of the October 2022 incident, there was no evidence she was forced or pressured into committing the aforementioned crimes. Further, there was no reason to doubt that he Individual committed the stated offenses, and there was no indication in the record that the Individual had engaged in behavior that was tantamount to rehabilitation, as she continues to engage in the behavior that resulted in the alcohol-related charges. The Individual failed to mitigate the stated concerns. (OHA Case No. PSH-23-0142, Rahimzadeh)