PSH-21-0001 - In the Matter of Personnel Security Hearing

On February 3, 2021, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual was arrested and charged with a DUI in June 2018. During his arrest, he stated to the arresting officer that he  had consumed two beers. The arresting officer wrote in his report that he stated that he consumed several beers. When reporting the incident to the LSO, the Individual, attempting to correct the police report, stated that he told the officer that he had consumed two beers. He did not specify how much alcohol he consumed. After the incident report, the Individual  was evaluated by a DOE consulting Psychiatrist. The DOE Psychiatrist diagnosed the Individual with an emotional, mental, or psychological condition that can impair his judgment, stability, reliability because the Individual was deceptive regarding his alcohol use during his DUI arrest. Following his arrest, the Individual attended five counseling sessions and five AA meetings. In addition, he has been abstinent since the night of his DUI. Also, he had 15 random alcohol tests, all of which were negative. The DOE Psychiatrist gave the Individual a very favorable prognosis based on several factors including his length of abstinence, his testimony regarding the DOE Psychiatrist's report, his completion of counseling, and the additional actions he took. Based on the testimony presented, the Administrative Judge determined that the Individual's access authorization should be restored. OHA Case No. PSH-21-0001 (Janet R. H. Fishman).