Access Authorization Not Granted; Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline H (Drug Involvement and Substance Misuse) and Guideline J (Criminal Conduct)
Office of Hearings and Appeals
October 29, 2024On October 29, 2024, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual submitted a Questionnaire for National Security Positions (QNSP) in which she disclosed having been arrested for communicating threats to a neighbor. A background investigation of the Individual revealed that she had failed to disclose several written reprimands from employers, a marijuana -related criminal offense and five other incidents of unlawful conduct, five delinquent financial accounts, and three civil actions she initiated against other parties, as well as omitting or providing inaccurate information concerning her employment, residence, and familial history. At the hearing, the Individual brought forth information to show that she had resolved her delinquent financial accounts, she had not been cited for a drug - related offense in nearly twenty years, allegations by the local security office (LSO) concerning her drug-related conduct were unsubstantiated, and her alleged criminal conduct occurred so long ago, under such unusual circumstances, or was so trivial in nature that it did not present security concerns. However, the Individual did not provide sufficient evidence to mitigate the concerns related to her workplace infractions and failure to disclose information as required on the QNSP. The Administrative Judge therefore concluded that the Individual had resolved the security concerns under Guidelines F, H, and J, but not the security concerns under Guideline E. Therefore, the Administrative Judge determined that the Individual should not be granted access authorization. (OHA Case No . PSH-24-0177, Harmonick)