PSH-20-0014 - In the Matter of Personnel Security Hearing

On February 10, 2020, an OHA Administrative Judge (AJ) issued a decision in which she determined that an Individual's DOE access authorization should not be restored. To support the Guideline E security concerns, the LSO alleges that the Individual had not filed his federal or state income taxes for the years 2014 through 2018. At the hearing, the Individual admitted that he had not timely filed those returns. He claimed that he did not file the return because he lacked a tax form that needed to be signed by his ex-wife. The Individual admitted, however, that after he received that form from his ex-wife, he placed it in his car and did nothing with it. Subsequently, two years later, his car was stolen with the form inside. The Individual also claimed that he was busy and afraid of doing something wrong. He testified that he finally filed all his tax returns in December 2019, four months after receiving the Summary of Security Concerns listing the LSO's concern that he had not filed the returns. The Individual also testified that he had paid the amount owed to the state agency, but that he had not heard from the federal government yet. Consequently, based on all of the above, the Administrative Judge found that the Individual's access authorization should not be restored at this time. OHA Case No. PSH-20-0014 (Janet R. H. Fishman).