PSH-23-0098 - In the Matter of Personnel Security Hearing

Access Authorization Not Restored; Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), Guideline J (Criminal Conduct)

Office of Hearings and Appeals

August 31, 2023
minute read time

On August 31, 2023, an Administrative Judge determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. In August of 2022, the Individual was charged with multiple felonies related to a domestic dispute. As a result of these charges, DOE asked him to complete a letter of interrogatory and undergo a psychiatric evaluation, which resulted in concerns about the Individual's honesty and reliability. At the hearing, the Individual provided medical proof that he had been abstinent from alcohol for a year, but did not provide sufficient evidence to resolve concerns about his honesty or rehabilitate him from the criminal charges.

The Administrative Judge therefore concluded that the Individual had mitigated the Guideline G concerns. However, the Administrative Judge also concluded that the Individual did not bring forth sufficient evidence to mitigate the Guideline E and Guideline J concerns. Accordingly, she concluded that the Individual should not be granted access authorization. (OHA Case No. PSH-23-0098, Rahimzadeh)

PSH-23-0098.pdf (200.93 KB)