Personnel Security; Access Authorization Granted; Guideline J (Criminal Conduct)
Office of Hearings and Appeals
June 25, 2021On June 25, 2021, an Administrative Judge (AJ) determined that an Individual should be granted access authorization under 10 C.F.R. Part 710. A background investigation revealed that the Individual had an extensive history of arrest and citations for Speeding, No Driver's License, Driving While License Suspended, and No Vehicle Liability Insurance violations from 2010 until 2019. The AJ found, however, that the Individual resolved the security concerns raised by his criminal activity by showing that he has grown and matured, changed his behavior, and taken meaningful and appropriate actions to address the consequences of his past actions, and by doing so had exhibited good judgment, reliability, and trustworthiness during the past two years. The AJ found that the hearing testimony of the Individual, his supervisor, and the Individual's mother had convincingly shown that the Individual had grown and matured and that he now exhibited reliability, trustworthiness, and good judgement. The AJ cited the Individual's testimony, in which the Individual fully acknowledged his previous poor judgment and took responsibility for his actions. The AJ found that the Individual and Supervisor's testimony showed that the Individual had learned from his mistakes and had become a responsible, law-abiding adult. The AJ further found that the Individual had taken actions to resolve his outstanding debt and to restore his driving privileges; that he had earned a college degree; and that he had been meaningfully employed with a DOE contractor since 2018, in a position requiring a very high level of responsibility. Accordingly, the Administrative Judge concluded that the Individual had mitigated the security concerns asserted by the LSO and that he should be granted access authorization. OHA Case No. PSH-21-0042 (Steven L. Fine).