PSH-21-0094 - In the Matter of Personnel Security Hearing

On October 21, 2021, an Administrative Judge determined that the Individual's access authorization under   10 C.F.R. Part 710 should not be restored. The Individual is employed by a Department of Energy (DOE) contractor in a position that requires him to hold a DOE security clearance. The Local Security Office (LSO) received potentially derogatory information regarding the Individual. Under Guideline F, the LSO alleged that: 1) the Individual owes $125,439 in unpaid income taxes to the Internal Revenue Service (IRS) for tax years 2010, 2011, 2014, 2015, and 2016; (2) the Individual owes $18,212.57 in unpaid taxes to his state of residence for tax years 2011, 2012, 2013,  2016, 2017, 2018, and 2019 ; (3) an unpaid judgment totaling $13,444 was filed against the Individual in 2012; (4) the IRS placed a lien against the Individual's property in 2014 for the nonpayment of his federal income taxes, and although he was notified of the lien, he has failed to establish a payment plan; and (5) a judgement was filed against the Individual in the amount of $9,542 in 2012 for the nonpayment of a veterinary bill, and although the current amount owed has reached $13, 444, the Individual has failed to establish a payment plan.

The Individual presented his own testimony at the hearing. Based on his testimony and the exhibits entered into the record, the Administrative Judge concluded that the Individual had not mitigated all security concerns stated in the Notification Letter. While the Individual satisfied the judgement against him and provided evidence of payment made to resolve the matter of his outstanding state income taxes, he had not resolved the matter of his outstanding federal income taxes for any tax year, despite prior statements that he intended to establish and follow through with a payment plan with the Internal Revenue Service. The Individual's failure to resolve the matter of his outstanding federal income taxes demonstrated poor judgement and a misunderstanding of his continued duty to file and pay his income taxes.

Accordingly, the Administrative Jude concluded that the Individual had not mitigated all security concerns stated in the Notification Letter. The Administrative Judge therefore concluded that the Individual's access authorization should not be restored. (PSH-21-0094, Janet R. H. Fishman).