PSH-23-0071 - In the Matter of Personnel Security Hearing

On June 28, 2023, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual completed a Questionnaire for National Security Positions in 2022 in which he disclosed that he had not filed federal or state personal income tax returns for the 2020 or 2021 tax years. During an interview with an investigator as part of background investigation into his eligibility for access authorization, the Individual represented that he would file the tax returns by October 2022. In response to a November 2022 letter of interrogatory from the local security office (LSO), the Individual admitted that he had not yet filed the tax returns but represented that he would do so within the next several months. At the hearing, the Individual presented evidence that he had filed some of the tax returns in April 2023. Based on the security concerns presented by the Individual's unwarranted delay in filing the tax returns, and the lack of the evidence that he had filed all the tax returns he was required to file, the Administrative Judge concluded that the Individual had not resolved the security concerns asserted by the LSO under Guideline F. Therefore, the Administrative Judge determined that the Individual's access authorization should not be restored. (OHA Case No. PSH-23-0071, Harmonick)