Access Authorization Restored; Guideline G (Alcohol Consumption)
Office of Hearings and Appeals
September 4, 2024On September 4, 2024, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual is employed by a DOE contractor in a position that requires her to hold a security clearance. In November 2023, the Individual was arrested and charged with Aggravated Driving While Under the Influence of Intoxicating Liquor or Drugs - Refused Testing (DWI). In January 2024, the Individual was evaluated by a DOE-consultant psychologist (DOE Psychologist) who issued a report of his findings following a clinical interview. The DOE Psychologist found that the Individual met sufficient diagnostic criteria for a diagnosis of Unspecified Alcohol -Related Disorder pursuant to the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision, and she had not established adequate evidence of rehabilitation or reformation. At the hearing, the Individual testified that she had been abstinent from alcohol since the DWI and had successfully completed a twelve -week substance abuse program. The DOE Psychologist testified that the Individual had established adequate evidence of rehabilitation and reformation from the Unspecified Alcohol -Related Disorder. Ultimately, the Administrative Judge determined that the Individual had mitigated the Guideline G security concerns, and she concluded that the Individual's access authorization should be restored. (OHA Case No. PSH-24-0116, Quintana)