PSH-22-0034 - In the Matter of Personnel Security Hearing

Access Authorization Not Restored; Guideline F (Financial Considerations)

Office of Hearings and Appeals

April 5, 2022
minute read time

On April 5, 2022, 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. As part of a reinvestigation for his security clearance, the Individual completed a Questionnaire for National Security Positions (QNSP) in January 2021. In response to the QNSP's financial questions, the Individual indicated that he had failed to file his Federal tax returns since 2011. Subsequently, the Local Security Office (LSO) asked him to complete a Letter of Interrogatory (LOI), in which he explained that he had since filed his tax returns for the 2011-2013 tax years, but he had not yet filed his tax returns for the 2014- 2019 tax years. During the hearing, the Individual testified that he retained a tax accountant, but, as of the date of the hearing, he had yet to file his Federal tax returns for the 2014-2021 tax years. 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 F. Accordingly, she concluded that the Individual's access authorization should not be restored. OHA Case No. PSH-22-0034 (Katie Quintana)

PSH-22-0034.pdf (133.53 KB)