PSH-23-0038 - In the Matter of Personnel Security Hearing

On May 4, 2023, an Administrative Judge (AJ) determined that the Individual's access authorization under 10 C.F.R. Part 710 should not be restored.

The Individual was found to be engaging in excessive alcohol use after being arrested and charged with Aggravated Driving Under the Influence of Alcohol (ADUI) after a one vehicle automotive accident.

The AJ found that the Individual had not resolved the security concerns raised by her excessive alcohol use.  The AJ found that Individual provided conflicting testimony at the hearing about her present consumption of alcohol, having testified at the hearing that she still consumes alcohol "on occasion," then subsequently testifying that she still consumes alcohol "in moderation," and then later testifying that she has been abstaining from alcohol use for over two months.  However, the AJ found that the Individual had recently gained a recognition that she needs to address her alcohol issues and to permanently abstain from alcohol use and had found an effective and appropriate program for addressing her issues in the form of the SMART class she was attending.  However, the AJ found that the Individual's sobriety was in its early stages, and that even her last consumption of alcohol occurred in February, she would have only been sober for less than three months at the time of the hearing.

The Administrative Judge therefore concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-23-0038, Fine)