Access Authorization Not Restored; Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), Guideline H (Drug Involvement and Substance Abuse), and Guideline J (Criminal Conduct)
Office of Hearings and Appeals
May 30, 2024
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On May 30, 2024, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. A record search as part of the continuous evaluation of the Individual's eligibility for access authorization revealed that she had not disclosed that she was arrested and charged with battery in 2021. During the adjudication of the Individual's continued eligibility for access authorization following this discovery, the Individual revealed that she had also failed to report using cocaine, misusing prescription medication, and having been admitted to a hospital for mental health reasons in 2022. Following an evaluation, a DOE-contracted psychiatrist opined that the Individual habitually consumed alcohol to the point of impaired judgment. Following a hearing, the Administrative Judge concluded that the security concerns raised by the local security office under Guidelines G and H were resolved, but those raised under Guidelines E and J were unresolved. Therefore, the Administrate Judge determined that the Individual's access authorization should not be restored. (OHA Case No. PSH-24-0031, Harmonick)