PSH-23-0138 - In the Matter of Personnel Security Hearing

On January 26, 2024, 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. The Local Security Office (LSO) received potentially derogatory information regarding the Individual's personal conduct, financial state, drug involvement, and criminal conduct. Regarding the Guideline E allegations, the LSO alleged that the Individual omitted information pertaining to crimes with which he had been charged from the 2022 Questionnaire for National Security Positions, and that he failed to report the charges in a timely manner. The LSO also alleged under Guideline E that the Individual deliberately falsified information during an interview with an investigator. Under Guidelines H and J, the LSO alleged that the Individual had been charged with a number of criminal offenses, which included drug-related offenses. Lastly, the LSO alleged that the Individual failed to file his federal income taxes for tax year 2019. The Individual testified on his own behalf at the hearing, frequently indicating that he simply could not remember pertinent information, and that the confusion surrounding his circumstances caused his failure to report the crimes with which he had been charged. The Individual denied any drug involvement. The Administrative Judge did not find the Individual to be a credible witness, and further, the Individual did not provide evidence to corroborate his testimony. Additionally, although the Individual provided copies of his income tax filings for tax year 2019, the Individual did not provide evidence that the necessary tax authorities were in receipt of the documents or that he had satisfied his outstanding tax obligations. Therefore, the Individual failed to mitigate the stated concerns. ( OHA Case No. PSH-23-0138, Rahimzadeh)