PSH-21-0027 - In the Matter of Personnel Security Hearing

On May 14, 2021, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Local Security Office ( LSO) alleged that the Individual had failed to file and pay his federal and state taxes for the years 2005 through 2018 for a total of $48,716 due. In addition, the LSO claimed that the Individual had two unpaid bills. At the hearing, the Individual showed that he paid one of his outstanding bills and attempted to pay another unpaid bill. After the hearing, the Individual presented evidence that he paid the second outstanding bill. Also at the hearing, the Judge, with the assistance of the DOE Counsel, determined that the Individual actually had filed his 2005 through 2012 federal and state tax returns.   The Individual also presented his federal and state returns for the tax years 2013 through 2019, claiming that he filed them approximately one to three months prior to the hearing. At the time of the hearing, however, the Individual had not made progress on paying the outstanding amounts owed. Also after the hearing, the Individual presented evidence that he paid his outstanding 2019 state tax return. Although the Individual has begun to mitigate the security concerns, especially regarding the two unpaid bills, the Individual has not attempted to develop a payment plan with either the federal or state authorities regarding his unpaid taxes. Based on the testimony and evidence presented, the Administrative Judge determined that the Individual's access authorization should not be restored. OHA Case No. PSH-21-0027. (Janet R. H. Fishman).