PSH-22-0096 - In the Matter of Personnel Security Hearing

On September 26, 2022, an Administrative Judge determined that the Individual's access authorization should be granted under 10 C.F.R. Part 710. The Individual is employed at a DOE facility in a position that requires him to hold a security clearance. The Local Security Office (LSO) received derogatory information regarding the Individual's financial irregularities. The LSO determined that the Individual had charged-off or in-collection accounts totaling over $200,000 and failed to file federal and state income taxes for the years 2016, 2017, and 2018. The Individual began experiencing financial difficulties because of a loss of employment due to the for -profit college that he was working for closing.  This occurred to him two times. Because of his joblessness, the Individual feel behind on all his accounts and his car was repossessed.  The Individual eventually had to move in with his sister and sleep on her couch.  He eventually found a job with a DOE contractor, which led to his current employment in 2019 at a significantly greater rate of pay.  Despite his significant increase in income, the Individual did not begin to resolve his finances until the background investigation for his security clearance had commenced.  The Administrative Judge determined that the circumstances that led to the Individual's financial difficulties are unusual, which are unlikely to recur and do not cast doubt on his current reliability, trustworthiness, or good judgment. Further, the Judge determined that the Individual has initiated payment plans for several his outstanding debts and is attempting to locate the creditors for his other outstanding bills.  Finally, the Individual has submitted his delinquent tax returns and does not owe federal or state taxes.  Accordingly, the Individual was able to demonstrate that he had resolved the security concerns arising under Guideline F. (OHA Case No. PSH-22-0096, Cronin)