PSH-24-0048 - In the Matter of Personnel Security Hearing

Access Authorization Restored; Guideline G

Office of Hearings and Appeals

June 12, 2024
minute read time

On June 12, 2024, an Administrative Judge (AJ) determined that an Individual's access authorization under 10 C.F.R. Part 710 should be restored.

The Individual has been arrested and charged him with Aggravated Assault (Use of A Deadly Weapon) after incident resulting in part from the Individual's intoxication. A DOE Psychologist evaluated the Individual and found that he met the criteria for Alcohol Use Disorder (AUD), Severe, in early remission, set forth in the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition - Text Revision (DSM-5-TR).

The AJ found, that at the time of the hearing, the Individual had abstained from alcohol use for a year and therefore had clearly established a pattern of abstinence. In addition, the AJ found that the Individual had fully complied with the Psychologist's treatment recommendations. Those recommendations included his attendance and completion of an alcohol treatment program. The Individual's hearing testimony has convinced the AJ that the Individual fully understands the effect that alcohol has had on his life, the threat it poses to his future, and the importance of maintaining his sobriety.  Most importantly, the Individual's testimony, and that of the other witnesses at the hearing, have convinced the AJ that the Individual is fully committed to maintaining his sobriety and permanently abstaining from alcohol use.

The AJ therefore concluded that the Individual's access authorization should be restored. (OHA Case No. PSH-24-0048, Fine)

PSH-24-0048.pdf (230.85 KB)