Access Authorization Not Granted; Guideline E (Personal Conduct) Guideline H (Drug Involvement and Substance Misuse)
Office of Hearings and Appeals
March 8, 2024On March 8, 2024, an Administrative Judge determined that the Individual's access authorization should not be granted under 10 C.F.R. Part 710. The Individual is seeking employment with a DOE Contractor in a position that requires him to hold a security clearance. The Local Security Office (LSO) received potentially derogatory information regarding the Individual's personal conduct and drug involvement. Regarding the Guidelines E and H allegations, the LSO alleged that among other things, the Individual omitted information from two separate QNSPs and that he used marijuana before and after his military service.
The Individual and his cousin testified at the hearing. The Individual also submitted twelve exhibits. Although the Individual mitigated a specific Guideline E concern pursuant to the mitigating factor at ¶ 17(f), the Administrative Judge could not find that the Individual mitigated the remainder of the Guideline E concerns. Further, the Individual failed to mitigate the stated Guideline H concerns. (OHA Case No. PSH-24-0043, Rahimzadeh)