Access Authorization Not Restored; Guidelines G (Alcohol Consumption) and I (Psychological Conditions).
Office of Hearings and Appeals
January 14, 2025On January 14, 2025, an Administrative Judge determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. In January 2024, the Individual took time off from work after he consumed a bottle of liquor in one night. Subsequently, he was diagnosed with Substance Use Disorder, without adequate evidence of rehabilitation or reformation, Major Depression, and Generalized Anxiety Disorder. The Individual testified that he was seeing a psychiatrist every six weeks and the psychiatrist had told him to wean himself off alcohol. He also prescribed medications for his depression and anxiety. The Individual's significant other stated that she last saw the Individual intoxicated approximately one month before the hearing, but that he had lessened his alcohol consumption since the January 2024 incident. The Individual confirmed that he was still consuming alcohol, but in a lessened amount. The DOE Psychiatrist testified that, after listening to all the testimony and reviewing the administrative record, he could not conclude that the Individual was adequately rehabilitated or reformed. He stated that someone who had their alcohol consumption under medical supervision would have the consumption decreased over days or weeks, not months. The Administrative Judge found that the Individual had not mitigated the Guideline G concerns. She also found that the Individual had not mitigated the Guideline I concerns as the mood disorders are exacerbated by the Individual's alcohol consumption and there was not testimony or evidence from a duly qualified mental health profession that his condition was in control or remission . (OHA Case No. PSH-24-0156, Fishman)