PSH-24-0184 - In the Matter of Personnel Security Hearing

On November 18, 2024, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. The Individual submitted a Questionnaire for National Security Positions (QNSP) in which he failed to disclose that he had received a disciplinary action and had been fired from a prior restaurant job for selling alcohol to an undercover minor, but instead stated in his QNSP and employment application that he had left his job for an internship. He also refused to allow his contractor employer to contact his prior restaurant employer. In addition, a background investigation of the Individual revealed that he had also omitted or provided inaccurate information concerning his criminal offense, his employment start date at a different prior job, and made omissions regarding prior residences. At the hearing, the Individual brought forth information which verified that he had correctly reported his employment start date at his other prior job, thereby showing the allegation did not present a security concern, and he also mitigated the security concern regarding the omission of his temporary residences. However, the Individual did not provide sufficient evidence to mitigate the concerns related to his failure to disclose his disciplinary action and termination from his prior job, and his omission regarding his criminal offense. Therefore, the Administrative Judge determined that the Individual should not be granted access authorization. (OHA Case No. PSH-24-0184, Balzon)