PSH-24-0029 - In the Matter of Personnel Security Hearing

On  March  8,  2024,  an  Administrative  Judge  determined  that  an  individual's  access authorization should be restored under 10 C.F.R. Part 710. In January 2021 and again in November 2022, the Individual was arrested for Driving While Intoxicated (DWI). The Individual falsely reported to the arresting officer, and later to the LSO, that he had not consumed alcohol prior to the second arrest. He did not come clean to the LSO until seven months later, in June 2023. In August 2023, a DOE-contracted psychologist (Psychologist) conducted a psychological evaluation of the Individual and diagnosed the Individual with Unspecified Alcohol-Related Disorder. At the hearing, the Individual testified that he had not consumed alcohol since the night of his second DWI arrest, 15 months prior, which was corroborated by extensive alcohol testing. The Individual had successfully completed and intensive outpatient program and aftercare, as well as additional alcohol education classes and counseling. He testified that he intended to remain abstinent and continue his therapy . He also testified that he felt great remorse for being untruthful to the LSO, and his both of his counselors opined that he had learned his lesson and had demonstrated honesty and integrity. His counselors also testified that his prognosis was positive, and the Psychologist testified that, as of the hearing, he had complied with her treatment recommendations and demonstrated rehabilitation. The Administrative Judge concluded that the Individual had mitigated the concerns until Guidelines E, G, and J, and therefore his clearance should be restored. (OHA Case No. PSH-24-0029, Rotman)