PSH-18-0049 - In the Matter of Personnel Security Hearing

On September 13, 2018, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a DOE security clearance. Because of his military service, the Individual held a clearance from another agency, which prompted DOE to grant him an equivalent DOE clearance. The Local Security Office (LSO) received potentially derogatory information regarding the individual's drug involvement and personal conduct. The Individual had been terminated from two positions, one for insubordination and one for theft. He had been investigated and disciplined for mistreatment of patients while he was a healthcare worker. He also had failed to disclose his prior drug use, which occurred while he held a security clearance, to the agency that had originally granted his clearance. The Individual refused to disclose it to them as he believed it was not important.

At the hearing, the Individual expressed regret for his past mistakes, but did not present evidence that his judgment and decision-making skills had improved. He also maintained his refusal to notify the agency that had granted his clearance of his prior drug use, despite having knowledge of that agency's zero tolerance drug policy. This demonstrated an ongoing unwillingness to comply with laws, rules, and regulations. Because doubt remained as to the Individual's reliability, trustworthiness, and judgment, the Administrative Judge found that he had not mitigated the security concerns under Guidelines E and H. Accordingly, the Administrative Judge concluded that the Individual's security clearance should not be restored. OHA Case No PSH-18-0049 (Janet R.H. Fishman).