Decisions were issued on: - Personnel Security
Office of Hearings and Appeals
May 17, 2024
minute read time
Personnel Security Hearing (PSH)
Access Authorization Not Restored; Guideline F (Financial Considerations)
On May 16, 2024, an Administrative Judge determined that an individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual had eight past due debts, which he had not taken steps to resolve for up to six years, despite repeated assurances to DOE that he intended to do so. At the hearing, the Individual testified that he had been under financial stress due to his wife's intermittent medical issues and her inability to hold a steady job, but that he planned to contact all of his creditors to arrange for payment plans. The Administrative Judge concluded that, in light of the Individual's long history of financial delinquencies, without demonstrated actions to address them, the Individual had not mitigated the concerns until Guideline F, and therefore his clearance should not be restored . (OHA Case No. PSH-24-0058, Rotman)
Access Authorization Restored; Guideline G (Alcohol Consumption)
On May 17, 2024, an Administrative Judge determined that the 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. The Local Security Office (LSO) received potentially derogatory information regarding the Individual's alcohol consumption. The Individual testified on his own behalf and presented the testimony of six other witnesses. The DOE Psychologist testified at the hearing.
The evidence in the record established that the Individual stopped drinking alcohol in July 2023, joined AA in August 2023, completed an alcohol education program, and attends classes to help him maintain his sobriety. The Individual completed an inpatient treatment program and participated in one-on-one therapy. The DOE Psychologist testified that the Individual has shown adequate evidence of rehabilitation and reformation. Accordingly, the Administrative Judge determined that the Individual mitigated the stated Guideline G concerns. (OHA Case No. PSH-24-0035, Rahimzadeh)