PSH-23-0080 - In the Matter of Personnel Security Hearing

On July 20, 2023, an Administrative Judge determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. On July 10, 2022, the Individual was charged with Aggravated Battery (use of a deadly weapon), Negligent Use of a Deadly Weapon (discharging a firearm near an inhabited building), and Criminal Damage to Property, which he did not report until July 28, 2022. In response, the Local Security Office (LSO) sent a Letter of Interrogatory, which he answered in November 2022.  In the answer, he informed the LSO of additional charges, that he had not reported, including a June 2022 charge for battery; an October 2019 Public Disturbance charge; a January 2016 Assault and Battery charge; a November 2012 Aggravated Battery of a Household Member charge; an August 2009 Reckless Driving and no Driver's License charge; and a June 2003 Reckless Driving, Fleeing/Eluding an Officer, and Immediate Notice of Accident charge. The testimony of the Individual and his mother failed to mitigate the charges raised by the LSO for either the Guideline E or Guideline J security concerns. At the hearing, the Individual's mother testified regarding events that preceded the July 2022 incident. The Individual's testimony established that he likely committed the acts for which he was charged, he did not acknowledge he was required to report his arrests to the LSO, irrespective of the validity of the charges supporting the arrests, and he failed to establish that his criminal conduct was unlikely to recur. Accordingly, the Individual was not able to demonstrate that he had resolved the security concerns arising under Guidelines E and J. ( OHA Case No. PSH-23-0080, Fishman)