Decisions were issued on: - Personnel Security
Office of Hearings and Appeals
March 1, 2024
minute read time
Personnel Security Hearing (PSH)
Access Authorization Not Restored; Guideline G (Alcohol Consumption)
On February 28, 2024, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. In May 2022, the Individual submitted a Questionnaire for National Security Positions that he was arrested for Driving Under the Influence (DUI) in 2011 and 2012. The Individual was arrested and charged with Driving While Intoxicated (DWI) in August 2022. He subsequently underwent a psychological evaluation with a DOE consultant psychologist (DOE Psychologist) who diagnosed the Individual with a Substance Use Disorder (SUD) and opined that the Individual had not shown adequate evidence of rehabilitation or reformation. At the hearing, the Individual testified that he had been abstinent from alcohol for approximately two months and had attended one session of alcohol treatment with his therapist. He also testified that he had been attending Alcoholics Anonymous meetings for less than two months. The DOE Psychologist testified that the Individual had not yet established adequate evidence of rehabilitation or reformation of the SUD. Ultimately, the Administrative Judge determined that the Individual had not mitigated the Guideline G concerns, and she concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-24-0006, Balzon)
Access Authorization Restored; Guideline F (Financial Considerations)
On March 1, 2024, an Administrative Judge determined that an Individual's access authorization should be restored 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. In a May 2023, LOI response, he reported that he had not filed his 2021 federal personal income tax return and had not paid his 2021 state property tax debt of approximately $6000,
At the hearing, the Individual testified that he had filed his 2021 federal personal income tax return, and he submitted a copy of his IRS account payment history, showing he paid the balance due for his 2021 federal income taxes. He also provided documentation demonstrating that he had paid his property taxes for 2020, 2021, and 2022. The Individual testified that he had not timely filed his federal tax return nor paid 2021 property taxes because he was overwhelmed by his extensive home renovation project which he was using to prepare his home for sale to supplement his impending retirement. He provided sufficient evidence to demonstrate that the circumstances are unlikely to recur. He submitted photos showing the extensiveness of the renovation and which reflected that it is near completion . He also provided evidence that he hired a CPA who had assisted him with his tax filing, educated him on tax issues, and the Individual testified he intends to use the CPA for his future tax filings. He also pre-paid his estimated 2023 federal and state taxes, and demonstrated through his financial statements that he has sufficient money available to pay any taxes he may owe in the future. The Administrative Judge determined that the Individual resolved the security concern associated with Guideline F. Accordingly, she concluded that the Individual's access authorization should be restored. (OHA Case No. PSH-24-0015, Balzon)