Access Authorization Denied; Guideline I (Psychological Conditions)
Office of Hearings and Appeals
July 17, 2023On July 17, 2023, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be granted. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. In April 2022, as part of the security clearance application process, the Individual completed a Questionnaire for National Security Positions (QNSP). In the QNSP, the Individual stated that, in approximately 2013, he had been diagnosed with Bipolar Mood Disorder. Subsequently, the Individual underwent an evaluation with a DOE consultant - psychologist (DOE Psychologist). Based on the evaluation, the DOE Psychologist diagnosed the Individual with unspecified Bipolar Disorder. At the hearing, the Individual testified that he believed that his symptoms were not consistent with Bipolar Disorder, and he indicated that he was not undergoing treatment for the condition. The DOE Psychologist testified that a person with a bipolar condition should be on medication and undergoing therapy because, without treatment, the person is at a higher risk for future episodes recurring. As the Individual was not undergoing ongoing and consistent compliance with a treatment plan for the condition, the Administrative Judge found that the Individual had not yet mitigated the Guideline I security concerns. Accordingly, she concluded that the Individual's access authorization should not be granted. OHA Case No. PSH-23-0073 (Katie Quintana)