PSH-22-0100 - In the Matter of Personnel Security Hearing

Access Authorization Not Granted; Guideline I (Psychological Conditions)

Office of Hearings and Appeals

December 8, 2022
minute read time

On December 8, 2022, an Administrative Judge (AJ) determined that the Individual's access authorization under 10 C.F.R. Part 710 should not be granted. The Individual was evaluated by a DOE Psychologist after investigators uncovered information about the Individual's history of committing domestic violence. The DOE Psychologist diagnosed him with borderline personality disorder. After reviewing the DOE Psychologist's report of the evaluation, concerns were raised that the Individual's mental health condition might interfere with his judgment, trustworthiness, or reliability.

At the hearing, the Individual was unable to recall the domestic violence incidents he had been involved in. He presented evidence that he was being treated by a psychologist for therapy and was taking medication for PTSD and depression. The DOE presented evidence that the Individual was being undertreated for his diagnosis and that the Individual did not appear bothered by hearing that he had committed violent acts against family members. The DOE Psychologist opined that the Individual still possessed a psychological condition that could affect his judgment, trustworthiness, and reliability. The Administrative Judge did not find sufficient evidence that the Individual had mitigated the Guideline I security concern and, therefore, concluded that the Individual's access authorization should not be granted. (OHA Case No. PSH-22-0100, Martin)

PSH-22-0100.pdf (185.08 KB)