PSH-19-0009 - In the Matter of Personnel Security Hearing

On April 26, 2019, an OHA Administrative Judge (AJ) issued a decision in which he determined that an individual’s DOE access authorization should not be restored. The Individual had a history of two arrests for Driving Under the Influence of Alcohol (DUI) and a DOE-consultant psychologist ("DOE Psychologist") found that the Individual was engaging in binge drinking and habitually using alcohol to excess. At the hearing conducted by the AJ, the Individual was not able to establish that he recognized the role that alcohol had played in his two DUI arrests and that he recognized that he was consuming excessive amounts of alcohol. However, the Individual further testified that he now realizes that he cannot accurately judge the amount of intoxication he is experiencing. On that basis, the Psychologist testified that the Individual was rehabilitated. The AJ, however, was not similarly persuaded. Noting that the Individual has continued to exhibit little insight into how his use of alcohol has contributed to his current and past legal issues, or the danger that his inability to regulate his alcohol consumption placed upon him, the AJ found that he remained concerned that the Individual might return to his pattern of excessive alcohol consumption, and since his hearing testimony showed that his judgment continues to be impaired. The AJ therefore found that the Individual had not mitigated the security concerns raised under Guideline G. Accordingly, the AJ found that the Individual's access authorization should not be restored. OHA Case No. PSH-18-0085 (Steven L.  Fine).