Access Authorization Denied; Guideline E (Personal Conduct); Guideline H (Drug Involvement and Substance Abuse); Guideline J (Criminal Conduct); Guideline F (Financial Considerations)
Office of Hearings and Appeals
June 20, 2024
On June 20, 2024, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be denied. The Individual is seeking employment with a DOE contractor in a position that requires a security clearance. In January 2023, the Individual completed a Questionnaire for National Security Positions (QNSP) and revealed concerning information related to his employment history, illegal drug use, alcohol use, and finances. In May 2023, the Individual underwent an Enhanced Subject Interview (ESI), and in August 2023, the Individual completed a Letter of Interrogatory (LOI) in which he provided further information about each of these topics. In October 2023, the Individual underwent an evaluation with a DOE-consultant psychiatrist (DOE Psychiatrist). The Individual provided inconsistent information through the investigative process. At the hearing, the Individual did not present any evidence aside from his own testimony, which the Administrative Judge found to lack credibility. Due to the credibility concerns and the lack of evidence to mitigate the security concerns, the Administrative Judge determined that the Individual had not mitigated the Guideline E, H, J, or F security concerns, and she concluded that the Individual's access authorization should not be granted. (OHA Case No. PSH-24-0110, Quintana)