PSH-20-0023 - In the Matter of Personnel Security Hearing

On March 25, 2020, an OHA Administrative Judge (AJ) issued a decision in which she determined that an Individual's DOE access authorization should be restored. To support the Guideline G security concerns, the LSO relied upon the fact that the DOE Psychologist determined in his April 2019 report that the Individual habitually or binge consumes alcohol to the point of impaired judgement without adequate evidence of rehabilitation. In addition, the LSO relied upon:  (1) the DOE Psychologist's report that the Individual drinks approximately seven to eight drinks of beers and shots over several hour period each night of the weekend, and thus had exercised bad judgement during these episodes; (2) the October 2018 arrest and charge of a DWI and Unlawful Possession of a Firearm; (3) the fact that the Individual assured the DOE he would not drink and drive in the future during his personal subject interview in 2015; and (4) the fact that the Individual was arrested and charged with DWI in September 2015. The AJ found the Individual to be credible in his testimony regarding his alcohol use.  His witnesses supported his testimony that he has not consumed any alcohol since October 2018.  The Individual has undergone numerous testing regarding his alcohol consumption. Consequently, based on all of the above, the Administrative Judge found that the Individual's access authorization should be restored at this time.  OHA Case No. PSH-20-0023 (Janet R. H. Fishman).