Guideline E (Personal Conduct); Guideline J (Criminal Conduct)
Office of Hearings and Appeals
November 5, 2021On November 5, 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 him to hold a DOE security clearance. In June 2000, agents of the Federal Bureau of Investigation (FBI) confronted the Individual at his place of employment, a DOE contractor facility, regarding the use of his work computer to view "sexually explicit materials" involving minors. The Individual had been questioned on four occasions since being confronted by the FBI and had provided discrepant answers as to whether he had viewed child pornography. At the hearing, the Individual testified that he had never viewed pornography involving minors and attempted to explain the discrepancies in his previous interviews and statements. 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 or Guideline J. Accordingly, she concluded that the Individual's access authorization should not be restored . (Case No. PSH-21-0088, Katie Quintana)