PSH-24-0037 - In the Matter of Personnel Security Hearing

On May 6, 2024, an Administrative Judge with the Department of Energy's (DOE) Office of Hearings and Appeals determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual had a history of criminal arrests, including a March 2023, arrest for Felony Aggravated Assault with a Deadly Weapon, before which the Individual admitted to consuming four shots of alcohol and being intoxicated. The Individual underwent a psychological evaluation with a DOE-contracted psychologist, who diagnosed the Individual with Unspecified Alcohol Related Disorder, without evidence of rehabilitation or reformation. At the hearing, the Individual submitted evidence that he completed eighteen weeks of alcohol treatment, and abstained from alcohol for ten months. The psychologist opined the Individual was rehabilitated from his Alcohol Related Disorder . However, the Individual did not resolve the inconsistencies related to his March 2023, arrest, and he did not put forth sufficient evidence to mitigate the security concerns related to his criminal conduct . Therefore, the Administrative Judge found the Individual mitigated the security concerns arising under Guidelines G, but did not mitigate the security concerns arising under Guideline J. (OHA Case No . PSH-24-0037, Balzon)