PSH-23-0045 - In the Matter of Personnel Security Hearing

On June 6, 2023, an Administrative Judge determined that the Individual's access authorization should be restored under 10 C.F.R. Part 710. In June 2022, the Individual was arrested and charged with Aggravated Driving While Under the Influence of Intoxicating Liquor or Drugs (ADWI). The Individual reported this incident, and in November 2022, the Individual was evaluated by a DOE- consultant psychologist (DOE Psychologist). The DOE Psychologist concluded that the Individual had been a binge consumer of alcohol to an extent that had been found to impair judgement . Following his arrest, the Individual was placed on his employer's Fitness for Duty (FFD) program, which he successfully completed in September 2022. Pursuant to that program, he was subject to routine breath and urine alcohol tests, all of which were negative. An interlock device was installed in his car. The Individual also enrolled in and completed his employer's Employee Assistance Program (EAP) alcohol awareness class, after which he began attending a sobriety maintenance group, which he continued to attend at the time of the hearing. The Individual also enrolled in a twelve -week intensive outpatient treatment program (IOP) and was scheduled to complete the program the day after the hearing. The IOP also had a one-on-one therapy component. The Individual's one-on-one therapist testified to the Individual's good progress, and the evidence in the record, including the six Phosphatidylethanol (PEth) blood test results, established that the Individual had been abstinent from alcohol since the June 2022 incident. The DOE Psychologist testified that the Individual had shown adequate evidence of rehabilitation and reformation and that his prognosis was good. Accordingly, the Administrative Judge determined that the Individual had mitigated the stated Guideline G concerns pursuant to the mitigating factors at ¶ 23(b) and (c). (OHA Case No. PSH-23-0045, Rahimzadeh)