Access Authorization Restored; Guideline G (Alcohol Consumption)
Office of Hearings and Appeals
February 7, 2023On February 7, 2023, an Administrative Judge determined that an Individual's access authorization should be restored under 10 C.F.R. Part 710. The Individual was arrested and charged with DWI in 2010. In 2022, the Individual was arrested and charged with Aggravated DWI and sentenced to one year of probation. A DOE-contracted Psychologist (DOE Psychologist) conducted a clinical interview of the Individual and determined that her symptoms were consistent with a diagnosis of Unspecified Alcohol-Related Disorder (UAD) under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition. The DOE Psychologist recommended that the Individual demonstrate rehabilitation by abstaining from alcohol for six months, undergoing alcohol testing to document her abstinence from alcohol, and participating in counseling or Alcoholics Anonymous meetings. Although the Individual did not fully comply with the DOE Psychologist's recommendations, she provided evidence at the hearing that she had abstained from alcohol for approximately nine months, established a supportive network to aid in her recovery, and enacted behavioral changes that would help her to avoid relapsing into problematic alcohol consumption in the future. The DOE Psychologist opined that the Individual's UAD was under control and that she had a good prognosis for avoiding a return to problematic alcohol consumption. In light of the Individual's positive lifestyle changes and the favorable prognosis from the DOE Psychologist, the Administrative Judge determined that the Individual had resolved the security concerns under Guideline G. Therefore, the Administrative Judge determined that the Individual's access authorization should be restored. (OHA Case No. PSH-23-0011, Harmonick)