PSH-21-0043 - In the Matter of Personnel Security Hearing

On July 26, 2021, an Administrative Judge determined that an individual's access authorization under   10 C.F.R. Part 710 should not be restored. The Individual is employed by a DOE contractor in a position that requires her to hold a DOE security clearance. In early 2016, the Individual was the subject of an Administrative Review (AR) Hearing due to security concerns related to her ability to ability to protect national security and her personal conduct. After the AR hearing, an Administrative Judge ultimately determined that her security clearance should be restored. From September 2015 to May 2019, the Individual engaged in 11 new security violations. In February 2020, the Local Security Office (LSO) asked her to complete a Letter of Interrogatory (LOI) regarding these incidents. Due to unresolved security concerns, the LSO once again informed the Individual, in a Notification Letter, that it possessed reliable information that created substantial doubt regarding her eligibility to hold a security clearance. In an attachment to the Notification Letter, the LSO explained that the derogatory information raised security concerns under Guideline E ( Personal Conduct) and Guideline K   (Handling Protected Information). During the hearing, the Individual testified that all of the violations were inadvertent, were promptly reported, and did not result in a compromise of information. However, after considering the evidence in the record and testimony presented at the hearing, the Administrative Judge determined that the Individual had not resolved the security concerns associated with Guideline E and Guideline K. Accordingly, she concluded that the Individual's access authorization should not be restored. OHA Case No. PSH-21-0043 (Katie Quintana).