PSH-24-0019 - In the Matter of Personnel Security Hearing

On February 20, 2024, an Administrative Judge determined that an Individual's access authorization should be restored under 10 C.F.R. Part 710. In April 2023, the Individual was arrested and charged with Aggravated Driving While Intoxicated (DWI). The Individual had previously been charged with numerous criminal offenses, including DWI. Shortly after his April 2023 arrest, the Individual began attending classes related to addressing alcohol misuse as well as Alcoholics Anonymous (AA) meetings. In August 2023, a DOE-contracted psychologist (DOE Psychologist) conducted a psychological evaluation of the Individual and issued a report in which she opined that the Individual binge consumed alcohol to the point of impaired judgment. At the hearing, the Individual presented evidence that he had received treatment to address his alcohol misuse, the results of alcohol testing showing that he had abstained from alcohol for approximately nine months, and testimony from his AA sponsor and counselor to the effect that he had responded positively to the AA program and counseling and was committed to abstaining from alcohol use. The DOE Psychologist opined that the Individual had complied with her treatment recommendations and demonstrated rehabilitation. The Administrative Judge concluded that the Individual had resolved the security concerns asserted by the local security office under Guidelines G and J, and therefore determined that the Individual's access authorization should be restored. (OHA Case No. PSH-24-0019, Harmonick)