PSH-18-0058 - In the Matter of Personnel Security Hearing

On December 13, 2018, an Administrative Judge issued a decision in which he determined that an Individual should not be granted access authorization. In a Notification Letter issued to the Individual, the DOE alleged the existence of derogatory information under Adjudicative Guidelines E, F, and J. The Individual had unpaid collection accounts and state and local tax debt. He had several prior criminal charges related to alcohol use and he previously fled a state to avoid criminal charges.  And he failed to disclose some of his collection accounts on the paperwork he submitted for a security clearance. After conducting a hearing, the Administrative Judge first determined, among other things, that the Individual had not mitigated the Guideline F financial concerns because he had not resolved his tax debts despite having significant opportunity to do so.  Second, as to the Guideline J criminal conduct concerns, while the Individual’s last conviction for driving under the influence was over a decade old, he had nevertheless been a fugitive from a state for over a decade and only addressed the outstanding warrant and charges once he sought a security clearance. Third, as for the Guideline E personal conduct   concerns, although the Individual’s failure to disclose his collection accounts in his clearance paperwork may have been a mistake, his history of financial irresponsibility and present lack of awareness regarding his state tax debt presented a doubt that he would accurately disclose information in the future. The Administrative Judge therefore concluded that the Individual had not mitigated the security concerns and accordingly concluded that the Individual should not be granted access authorization. OHA Case No. PSH-18-0062 (James P. Thompson III)