Access Authorization Denied; Guideline G (Alcohol Consumption)
Office of Hearings and Appeals
December 7, 2022On December 7, 2022, an Administrative Judge determined that the Individual's access authorization under 10 C.F.R. Part 710 should not be granted. In 1999, the Individual was arrested for Driving While Intoxicated (DWI). In 2018, the Individual enrolled in an Intensive Outpatient Program (IOP) for alcohol treatment. However, the Individual did not complete the IOP and resumed consuming alcohol shortly after leaving the program.
During the hearing, the Individual testified that she had abstained from alcohol use since June 2022. The Individual also testified that she regularly attends Alcoholics Anonymous (AA) meetings, works with an AA sponsor, and is working through AA's Twelve-Step program. However, the Individual tested positive for alcohol use approximately two weeks before the hearing and had, on two occasions, provided false information concerning her alcohol consumption during her background investigation. In addition, the DOE Psychologist opined that the Individual did not show evidence of rehabilitation or reformation because she did not complete an IOP or attend AA for twelve months and had not shown that she has been abstaining from alcohol use for a sufficient period of time.
Accordingly, the Administrative Judge found the Individual did not resolve the security concerns under Guideline G and the Individual's access authorization should not be granted. (OHA Case No. PSH-22- 0131, Fine)