PSH-18-0081 - In the Matter of Personnel Security Hearing

On March 28, 2018, an OHA Administrative Judge issued a decision in which she determined that an Individual’s DOE access authorization should be restored. Beginning on March 2011, the individual completed three separate Questionnaires for National Security Positions (QNSP), in which he failed to report his one-time use of marijuana in March 2009. On September 2011, the individual signed a letter of interrogatory certifying that he had used marijuana only twice in April 2002. Ex. 1. The Local Security Office (LSO) determined that the Individual had failed to provide accurate consistent information regarding his marijuana usage in the three QNSPs and in the LOI. After reviewing the evidence adduced at the hearing, the Administrative Judge found the Individual to be credible in his testimony that his omission was not deliberate, but rather an oversight on his part. While the Individual’s answers on the various QNSPs were inconsistent, the extent of the inconsistencies were not such that it appeared to be a coordinated attempt to mislead LSO officials as to the fact of his limited involvement with marijuana. Consequently, based on the evidence before her, the Administrative Judge found that the Individual’s access authorization should be restored. OHA Case No. PSH-18-0081 (Janet R.H. Fishman).