PSH-17-0043 - In the Matter of Personnel Security Hearing

On January 8, 2018, an OHA Administrative Judge issued a decision in which he concluded that an individual’s security clearance should be granted. The applicant previously held access authorization while working for a different DOE contractor. During that earlier employment, the individual was illegally using drugs and falsely denied such use on QNSPs that he certified.  Immediately after that employment terminated, the individual voluntarily entered drug treatment, which he had successfully completed approximately three years prior to the hearing.  The LSO did not seek an independent evaluation of the individual by a DOE psychologist or psychiatrist.  At the hearing, the individual (1) credibly established that he had been abstinent from illegal drug use since prior to commencing treatment in 2014 and (2) presented expert testimony as to the sufficiency of his treatment and favorable prognosis. On this basis, the Administrative Judge concluded that the individual had resolved the Guideline H security concerns. With respect to the Guideline E security concerns, the Administrative Judge noted that the individual’s falsifications related to his drug use, that the individual had self-reported all of the falsification (which were otherwise unknown to the DOE) on his current application for access authorization, and that he had been candid with the DOE since receiving substance abuse treatment. A forensic psychologist testified at the hearing that the individual’s earlier denials of drug use had been an aspect of his substance abuse disorder for which the individual has now received treatment and evidences adequate reformation and rehabilitation. Based on the foregoing, the Administrative Judge concluded that the individual had also resolved the subsequent the Guideline E security concerns.  OHA Case No. PSH-17-0043 (Wade M. Boswell)