PSH-18-0025 - In the Matter of Personnel Security Hearing

On July 2, 2018, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be restored. The individual tested positive for marijuana use during a random drug screening at work. Prior to commencing his employment with the Department of Energy (DOE), the individual was required to execute a certification pursuant to which he agreed not to use illegal drugs while employed by DOE. The local security office (LSO) suspended the individual's security clearance under Guideline H due to his testing positive for marijuana use during the random drug screening, and under Guideline E as a result of his failure to adhere to the requirements of the DOE drug certification. The individual testified at the hearing that he did not intentionally consume the marijuana, and that he believes that he unknowingly consumed the marijuana in snacks at a party. The individual also offered evidence that he had advance notice of the random drug test and could have avoided the test if he knew he had consumed marijuana, witness testimony as to the individual's drug-free lifestyle, and letters from members of his community as to his upstanding moral character.  The Administrative Judge determined that there was insufficient evidence in the record to conclude that the individual unintentionally violated

the terms of the DOE drug certification, and that none of the mitigating factors under Guidelines E or H were applicable in this case.  Consequently, the Administrative Judge concluded that the individual's access authorization should not be restored. OHA Case No. PSH-18-0025 (Richard A. Cronin, Jr.).