PSH-21-0104 - In the Matter of Personnel Security Hearing

Access   Authorization   Restored;  Guideline G (Alcohol Consumption), Guideline I ( Psychological Conditions)

On January 10, 2022, an Administrative Judge with the Department of Energy's Office of Hearings and Appeals concluded that an individual's access authorization should be restored . The Individual self-reported that, in early 2020, his then-wife filed a protective order against him after he struck her while under the influence of alcohol. The administrative review process began when LSO suspended the Individual's access authorization. The Individual requested a hearing before the OHA.

At the hearing, the Individual presented evidence that he had been diagnosed with Bipolar Disorder and was compliant with the treatment recommended by his medical team. He also presented evidence that he had substantially completed the recommendations of the DOE Psychologist who had evaluated him following the incident in 2020. He testified that he continued to attend alcohol support groups and had a robust network of support in his personal life. The Individual also submitted the results of extensive drug and alcohol testing to support his testimony that he had abstained from alcohol for over a year. The DOE Psychologist testified that the Individual was rehabilitated and had a good prognosis for both his alcohol issues and his Bipolar Disorder. The Administrative Judge found that the Individual had mitigated the security concerns. Accordingly, she concluded that the Individual's access authorization should be restored. (OHA Case No. PSH-21-0104, Kristin L. Martin)