PSH-24-0131 - In the Matter of Personnel Security Hearing

Access Authorization Restored; Guideline G (Alcohol Consumption), Guideline E (Personal Conduct)

Office of Hearings and Appeals

November 14, 2024
minute read time

On November 14, 2024, an Administrative Judge with the Department of Energy's (DOE) Office of Hearings and Appeals determined that the Individual's access authorization should be restored under 10 C.F.R. Part 710. The Individual voluntarily entered an inpatient treatment program to receive treatment for alcohol abuse issues. After being discharged from the inpatient program, the Individual completed a Letter of Interrogatory (LOI) and was evaluated by a DOE consultant psychologist, who diagnosed the Individual with Alcohol Use Disorder (AUD), Severe. The Individual's LOI responses and AUD diagnosis raised security concerns under Guidelines G and E of the Adjudicative Guidelines . After a hearing, the Administrative Judge found that the Individual provided sufficient evidence of actions taken to overcome his AUD and he demonstrated a clear and established pattern abstinence from alcohol. The Administrative Judge also found that because the Individual took sufficient actions toward resolving his AUD, the concerns raised by his dishonesty in his LOI responses were also mitigated. Therefore, the Administrative Judge found the Individual mitigated the security concerns arising under Guidelines G and E of the Adjudicative Guidelines. (OHA Case No. PSH-24-0131, Fishman)
 

PSH-24-0131.pdf (206.6 KB)