PSH-23-0121 - In the Matter of Personnel Security Hearing

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

Office of Hearings and Appeals

January 16, 2024
minute read time

On January 16, 2024, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual is employed by a DOE contractor in a position that requires her to hold a security clearance. In late January 2023, the Individual was arrested and charged with Aggravated Driving While Intoxicated (DWI) and Open Container. In May 2023, the Individual was evaluated by a DOE consultant psychologist (DOE Psychologist) who diagnosed the Individual with Alcohol Use Disorder (AUD), Moderate, in Early Remission and opined that the Individual had not shown adequate evidence of rehabilitation or reformation. At the hearing, the Individual explained the circumstances surrounding the January 2023 DWI, and she testified that she had been abstinent from alcohol since February 15, 2023. The Individual also testified that she had been participating in weekly counseling sessions with her personal counselor. The DOE Psychologist testified that the Individual had not yet established adequate evidence of rehabilitation or reformation of the AUD. Ultimately, the Administrative Judge determined that the Individual had not mitigated the Guideline G and Guideline J security concerns, and she concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-23-0121, Quintana)

PSH-23-0121.pdf (189.67 KB)