Access Authorization Restored; Guidelines G (Alcohol Consumption) and I (Psychological Conditions)
Office of Hearings and Appeals
April 24, 2024On April 24, 2024, an Administrative Judge determined that the Individual's access authorization should restored under 10 C.F.R. Part 710. In March and April 2023, DOE received Information Reports that indicated that the Individual had been suspended for a week without pay because of two incidents involving coworkers and inappropriately aggressive behavior. As a result of these reports, DOE asked the Individual to complete a Letter of Interrogatory (LOI). After receiving the Individual's LOI in June 2023, DOE still had concerns and asked the Individual to undergo a psychological evaluation with a DOE-contracted psychologist (DOE Psychologist). The DOE Psychologist diagnosed the Individual with Unspecified Alcohol-Related Disorder (UARD), without adequate evidence of rehabilitation or reformation. Additionally, the DOE Psychologist diagnosed the Individual with Generalized Anxiety Disorder (GAD) with Panic Attacks. The Individual presented testimony and evidence that she began attending an Intensive Outpatient Treatment Program, along with seeing a counselor and going to her Employee Assistance Program. The DOE Psychologist opined at the hearing that the Individual was rehabilitated and reformed from the UARD and GAD. Therefore, the Administrative Judge found that the Individual had mitigated the concerns arising from the Guidelines G and I. Accordingly, the Individual was able to demonstrate that she had resolved the security concerns arising under Guidelines G and I. (OHA Case No. PSH-24-0022, Fishman)