Access Authorization denied; Guideline G
Office of Hearings and Appeals
May 9, 2023On May 9, 2023, an Administrative Judge (AJ) determined that an Individual's access authorization under 10 C.F.R. Part 710 should be restored.
A DOE Contractor Psychologist (the "Psychologist") found that the Individual had met the criteria set forth in the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition (DSM-5) for Alcohol Use Disorder (AUD), Severe, in early remission and that the Individual was neither reformed nor rehabilitated since he had only been abstaining from alcohol use for three months.
The AJ found that the Individual has shown himself to be deeply committed to his sobriety and highly motived to achieve it. The AJ noted that the Individual had complied with the Psychologist's treatment recommendations by (1) attending and completing an inpatient alcohol treatment program,
(2) becoming highly engaged in Alcoholics Anonymous, and (3) receiving individual counseling. Most importantly, the Individual had been able to limit himself to consuming two sixteen -once beers during the past thirteen months. At the time of the hearing, it had been over seven months since he last consumed alcohol. The AJ further noted that he and the Psychologist were both impressed by the Individual's candor at the hearing and his willingness to hold himself accountable. The AJ further found that the Individual had abstained from all alcohol use for a seven -month period demonstrating a clear and established pattern of abstinence in accordance with the Psychologist's recommendations that he abstain from alcohol for six months.
The Administrative Judge therefore concluded that the Individual's access authorization should be restored. (OHA Case No. PSH-23-0021, Fine)