PSH-17-0081 - In the Matter of Personnel Security Hearing

Personnel Security; clearance granted; Guidelines E, H and J

Office of Hearings and Appeals

January 25, 2018
minute read time

On January 25, 2018, an OHA Administrative Judge issued a decision in which he determined that an individual should be granted a DOE access authorization. In January 2017, the individual traveled with some of his fraternity brothers on a ski trip to Colorado, where some of them purchased marijuana. On the return trip, he knowingly allowed two of his friends to bring marijuana they had purchased into his car, and then traveled with them outside Colorado. In the fall of 2017, the individual moved into an apartment with two friends with a history of marijuana use, one of whom had brought marijuana into his car during the ski trip. The local security office (LSO) raised concerns under Guidelines E, H, and J about the individual’s association with marijuana users and his decision to transport marijuana in his vehicle while traveling across state lines. During the hearing, the individual recognized that he had made a poor decision by allowing marijuana into his vehicle before returning from the ski trip and by not arranging alternative transportation for his friends; indicated that he had moved out of the apartment; and demonstrated that he now understands the importance of avoiding association with persons engaged in criminal activity. The individual’s actions and testimony, as well as the uniqueness of the circumstances in the ski trip incident, convinced the Administrative Judge that it was unlikely that a similar incident will occur again and that it is unlikely that the individual will again become involved with illegal drugs. Therefore, the Administrative Judge found that the individual had mitigated the security concerns raised by the LSO under Guidelines E, H, and J, and that the individual should be granted an access authorization.  OHA Case No. PSH-17-0081 (Steven L. Fine).