Access Authorization Granted; Guideline F (Financial Considerations)
Office of Hearings and Appeals
February 16, 2024On February 16, 2024, an Administrative Judge determined that the Individual's access authorization should be granted under 10 C.F.R. Part 710. The Individual is employed by a DOE Contractor in a position that requires her to hold a security clearance. The Local Security Office (LSO) received potentially derogatory information. Regarding the Guideline F allegations, the LSO alleged that the Individual failed to file her federal and state income taxes for tax year 2019. At the hearing, it was revealed that the Individual had filed her federal and state income taxes for tax year 2019 in May 2020 , but she mistakenly believed that she had failed to do so while she was completing the 2022 Questionnaire for National Security Positions. The Individual filed her income taxes for tax year 2019 a second time in September 2023. She provided a tax transcript from the Internal Revenue Service confirming that she had filed her taxes for tax year 2019 in May 2020, and a submitted a screenshot of a bank statement indicating that she had received a refund from the state tax authority in May 2020 . Accordingly, the Individual mitigated the stated concerns pursuant to mitigating factor (g). (OHA Case No. PSH-24-0013, Rahimzadeh)