Decisions were issued on: - Personnel Security (10 CFR Part 710) - Freedom of Information Act Appeal
Office of Hearings and Appeals
February 5, 2016
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Personnel Security (10 CFR Part 710)
On February 3, 2016, an OHA Administrative Judge issued a decision in which he determined that an individual’s DOE access authorization should not be restored. A DOE psychiatrist diagnosed the individual as alcohol dependent, after his employer found that he had tested positive for alcohol at his workplace. The DOE psychiatrist testified at the hearing that the individual was at risk for relapsing because he was continuing to use alcohol, had been using alcohol to excess for over ten years, and was not attending an aftercare program. The Administrative Judge found this testimony to be credible and convincing. Therefore, the Administrative Judge found that the individual had not resolved the security concerns raised by his excessive use of alcohol. OHA Case No. PSH-15-0091 (Steven L. Fine)
Freedom of Information Act (FOIA) Appeal
On February 5, 2015, OHA denied a Freedom of Information Act Appeal filed by Peter Shulman from a determination issued by the DOE Office of Information Resources (OIR). In the Appeal, the Appellant challenged the withholding of a responsive document under FOIA Exemption 5. OHA found, however, that the withholding was appropriate. OHA Case No. FIA-16-0017