Personnel Security; access authorization not restored; Guidelines E (Personal Conduct) and J (Criminal Conduct)
Office of Hearings and Appeals
June 1, 2018On June 1, 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 the individual's criminal history and his statements at his second Personnel Security Interview in invoking Guidelines E and J. At the hearing, the individual presented evidence that he had taken measures immediately after PSI to improve his decision-making skills, including attending counselling and outpatient treatment programs. The individual testified, and presented supporting witness testimony, that he would carefully follow reporting requirements in the future and would follow all laws and rules in the future. After carefully considering the totality of the record, the Administrative Judge found that the individual had not resolved the concerns raised under Guidelines E and J regarding his lack of candor and criminal conduct because he had not demonstrated rehabilitation for a period of time long enough to overcome approximately 20 years of criminal conduct and poor decision-making. 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-18-0019 (Richard A. Cronin).