PSH-18-0008 - In the Matter of Personnel Security Hearing

Personnel Security; access authorization not restored; Guidelines G (Alcohol Consumption) and J (Criminal Conduct)

On April 25, 2018, an OHA Administrative Judge issued a decision in which he determined that an individual's DOE access authorization should not be restored. The LSO relied upon a DOE psychologist's evaluation that the individual had an alcohol abuse diagnosis and upon the individual’s 2017 DWI, 2007 arrest for Disorderly Conduct, and 1990 police warning for driving while intoxicated.  At the hearing, the individual presented evidence that he had taken measures immediately after his DWI arrest to prevent further driving while intoxicated and that he had sought treatment after receiving the DOE psychologist's report. By the hearing date, the individual had chosen to abstain from alcohol and was attending Alcoholics Anonymous regularly.  After carefully considering the totality of the record, the Administrative Judge found that the individual had not resolved the concerns raised under Guideline G regarding his alcohol consumption because he had been in treatment for only seven weeks and had been abstinent for only five weeks.  As to the concern under Guideline J raised by his criminal conduct, the Administrative Judge determined that the individual's criminal conduct was inextricably tied to his alcohol use. Until the LSO's alcohol-related concerns were resolved, the criminal concerns could not be resolved. Consequently, based on all of the above, the Administrative Judge found that the individual's access authorization should not be restored.  OHA Case No. PSH-18-0008 (William M. Schwartz)