PSH-23-0069 - In the Matter of Personnel Security Hearing

On June 23, 2023, an Administrative Judge (AJ) determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The DOE Local Security Office (LSO) suspended the Individual's security clearance because she had omitted information regarding her past marijuana use from a security clearance questionnaire, during an investigatory interview, and in investigative paperwork.

At the conclusion of the hearing, the AJ determined the following. The LSO appropriately invoked Guidelines E and H. In finding that the Individual did not put forth sufficient evidence to resolve the Guideline E concerns, the AJ noted that the Individual's dubious explanation for the motivation behind her conduct did not remove his concern that the behavior is unlikely to recur. However, the AJ did find that the Guideline H concerns were resolved because so much time had passed since her marijuana use, and she successfully maintained her abstinence as a result of making positive changes . Because the Guideline E concerns remained unresolved, the AJ concluded that the Individual should not be granted access authorization. (OHA Case No. PSH-23-0069, Thompson III)