PSH-18-0060 - In the Matter of Personnel Security Hearing

On November 21, 2018, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be granted. The Individual is employed by a DOE contractor in a position that requires him to hold a DOE security clearance. In applying for his clearance, the Individual completed an Electronic Questionnaire for Investigations Processing (e-QIP) in May 2015. In response to one of the financial questions, the Individual stated that, in the last seven years, he had failed to "file or pay Federal, state, or other taxes when required by law or ordinance." The Individual additionally acknowledged that he was over 120 days delinquent on certain financial obligations. Subsequently, the Local Security Office (LSO) held a Personnel Security Interview (PSI) with the Individual in December 2017. The LSO determined that the Individual failed to disclose on his e-QIP: (1) four citations, received in the last seven years, with a fine of at least $300, and (2) thirteen bills or debts turned over to collections agencies in the past seven years. Additionally, the LSO located twelve of the Individual's collection accounts totaling in excess of $10,000 and determined that the Individual failed to file four years of Federal and state taxes. During the hearing, the Individual testified that he should have listed the four citations on the e-QIP. He further acknowledged that he did not have a clear understanding of his credit or his financial and tax situation. Additionally, he indicated that he should have obtained a credit report prior to completing the e-QIP. At the time of the hearing, the Individual had not paid any of his collection accounts, nor had he personally filed the four years of Federal and state taxes. As such, the Administrative Judge determined that the Individual had not resolved the security concerns associated with Guidelines E or F. Accordingly, she concluded that the Individual's access authorization should not be granted. OHA Case No. PSH-18-0060 (Katie Quintana).