PSH-23-0076 - In the Matter of Personnel Security Hearing

On June 30, 2023, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. In 2018, while possessing access authorization, the Individual was arrested and charged with Driving Under the Influence of Alcohol (DUI) and marijuana possession. The Individual did not disclose this arrest to the local security office (LSO) as required. A court ordered the Individual to undergo an alcohol evaluation via which he was diagnosed with Alcohol Use Disorder (AUD). In 2021, the Individual completed a Questionnaire for National Security Positions (QNSP) in connection with a periodic review of his eligibility for access authorization in which he disclosed his arrest for DUI but did not disclose that he had also been charged with marijuana possession. The LSO learned of the Individual's marijuana-related arrest and questioned him via a letter of interrogatory (LOI) about why he had not disclosed it on the QNSP. In his response, the Individual admitted that he had intentionally failed to disclose this information because he feared that it would negatively affect his career and committed to appropriately disclose derogatory information going forward. However, the LSO subsequently learned that the Individual had been arrested and charged with another DUI since submitting the QNSP which he had not disclosed in his response to the LOI. At the hearing, the Individual admitted to having consumed alcohol the weekend prior to the hearing. A DOE-contracted psychologist testified that the Individual's AUD continued to impair his judgment and reliability. The Administrative Judge concluded that the Individual had not resolved any of the security concerns asserted by the LSO, and therefore determined that the Individual's access authorization should not be restored. (OHA Case No. PSH-23-0076, Harmonick)