PSH-22-0118 - In the Matter of Personnel Security Hearing

Access Authorization Not Restored; Guideline H (Drug Involvement), Guideline J (Criminal Conduct); Bond Amendment

Office of Hearings and Appeals

November 15, 2022
minute read time

On November 15, 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 her to hold a security clearance. In March 2022, her employer subjected her to a drug test, which indicated the presence of Hydrocodone and Hydromorphone in her urine, Schedule II controlled substances. At the hearing, the Individual testified that she has a history of migraines, and while she was suffering from a migraine in March 2022, she asked her partner (Partner) to give her "migraine medication." The Partner testified that he mistakenly gave her one of his prescription pills, which produced the positive drug test. The Administrative Judge found the Individual's testimony to be confusing and contradictory and, ultimately, the Administrative Judge questioned the credibility of the testimony. After considering the evidence in the record and the testimony presented at the hearing, the Administrative Judge determined that the Individual had not provided sufficient evidence to resolve the security concerns associated with Guideline H, Guideline J, and the Bond Amendment . Accordingly, she concluded that the Individual's access authorization should not be restored. OHA Case No. PSH-22-0118 (Katie Quintana)

PSH-22-0118.pdf (156.83 KB)