Access Authorization Not Restored; Guideline E (Personal Conduct), Guideline G ( Alcohol Consumption), Guideline J (Criminal Conduct)
Office of Hearings and Appeals
April 22, 2024On April 22, 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, alcohol consumption, and criminal conduct. The Individual testified on his own behalf and presented the testimony of four other witnesses. The DOE Psychologist testified at the hearing.
Although the Administrative Judge determined that Guideline E was not applicable in this case, the Individual failed to mitigate the stated Guideline G and J concerns. The Individual admitted to engaging in habitual or binge drinking, but he failed to remain abstinent for six months and did not participate in an inpatient treatment program or in a program like Alcoholics Anonymous (AA) for a minimum of six months. As the Guideline J concerns inextricably intertwined with the Individual's alcohol consumption, the Individual failed to mitigate the stated Guideline J concerns. (OHA Case No . PSH-24-0055, Rahimzadeh)