Access Authorization Not Granted; Guideline G (Alcohol Consumption)
Office of Hearings and Appeals
October 11, 2024On October 11, 2024, an Administrative Judge determined that an individual's access authorization should not be granted under 10 C.F.R. Part 710. In August 2022, the Individual sought inpatient treatment for alcohol use at a rehabilitation center and was diagnosed with alcohol use disorder, severe. The Individual left treatment early, against medical advice, and after a short period of abstinence, resumed the consumption of alcohol at a reduced level. In December 2023, a DOE-contracted psychiatrist (Psychiatrist) diagnosed the Individual with alcohol use disorder, moderate, not yet in early remission. At the hearing, the Individual provided evidence indicating he had been abstinent from alcohol for six months, and had been attending alcohol education classes as well as individual counseling to address mental health issues related to his alcohol use. His two expert witnesses testified that he had made tremendous progress in counseling and that his risk of relapse was low. The Psychiatrist, however, felt that six months of abstinence was much too short a timeframe, in light of the Individual's long and severe history of alcohol abuse, to demonstrate rehabilitation. The Administrative Judge concluded that the Individual had not mitigated the concerns under Guideline G, and therefore his clearance should not be granted. (OHA Case No. PSH-24-0118, Rotman)