PSH-20-0028 - In the Matter of Personnel Security Hearing

Personnel Security Case; Access Authorization Not Granted; Guideline F (Financial Considerations)

Office of Hearings and Appeals

August 26, 2020
minute read time

On August 26, 2020, 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 a Questionnaire for National Security Positions (QNSP) in October 2017. In response to the financial  questions,  the  Individual  indicated that he had failed to file or pay his Federal  and  state  taxes  for  the  2012-2016 tax years. Subsequently, the Local Security Office (LSO) asked him to complete a Letter of Interrogatory  (LOI). The LSO alleged that the Individual had not filed: (1) his personal state    taxes for the 2012 tax year, (2)  his  personal  Federal  or  state  taxes  for  the  2013-2016 tax  years; and (3) his Federal or state  business  income  taxes  for  the  2013-2017 tax  years.  The  LSO further alleged that the Individual owed approximately $25,000 to the Internal Revenue Service (IRS), resulting from his business income taxes for the 2012 tax year, and that he had  taken no action to make arrangements to pay the debt. Lastly, the LSO asserted  that  the  Individual had three outstanding collections  accounts  totaling  approximately  $1,200.  During  the hearing, the Individual testified that he had paid all of his outstanding collection accounts in full. However, he stated that, although he had filed all of his outstanding taxes, he had not yet  made any payments to the IRS  or  state  tax  authority.  The  Administrative  Judge  determined that the Individual had not resolved the security concerns associated with Guideline F. Accordingly, she concluded that the Individual's access authorization should  not  be  granted . OHA Case No. PSH-20-0028 (Katie Quintana).

PSH-20-0028.pdf (110.21 KB)