PSH-22-0007 - In the Matter of Personnel Security Hearing

On January 28, 2022, an Administrative Judge (AJ) determined that the Individual's access authorization under   10 C.F.R. Part 710 should be restored. The Individual had a history of three alcohol related arrests. Because of the security concerns raised by the Individual's three alcohol - related arrests, a Local Security Office (LSO) requested that he undergo an evaluation by a DOE - contractor Psychologist (Psychologist), who issued a report of his findings (the Report) in which he found that the Individual "demonstrates a definite propensity toward binge drinking wherein his judgment can be compromised . . ." and was neither reformed not rehabilitated from his binge drinking." While, the Psychologist reported that the Individual was attending a 90-day Intensive Outpatient Program (IOP) to address his problematic alcohol use and receiving individual counseling, he concluded the Individual needed more time to fully demonstrate rehabilitation. The Psychologist recommended that the Individual complete his IOP, his court -ordered alcohol education course (DEP) and DWI victim impact program (VP), continue his individual counseling, attend Alcoholics Anonymous or a similar support group, and abstain from alcohol use for a full year, dating back to his sobriety date, October 23, 2020. Ex. 13 at 9. The Psychologist also recommended that the Individual continue to receive random monthly laboratory tests. Ex. 13 at 9.

At the hearing, the Individual provided credible testimony, corroborated by monthly laboratory results, that he has abstained from alcohol use for 15 months. In addition, the Individual submitted evidence showing that he completed the DEP, VIP, and IOP (where he continues to attend aftercare) and continues to receive individual and group counseling for substance abuse. Accordingly, the AJ found that the Individual had successfully mitigated the security concerns under Guideline G raised by his history of three-alcohol related arrests and by his binge drinking.

The Administrative Judge therefore concluded that the Individual's access authorization should be restored. (OHA Case No. PSH-22-0007, Fine)