Decisions were issued on: - Personnel Security - FOIA Appeal
Office of Hearings and Appeals
January 28, 2022
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FOIA Appeal (FIA)
FOIA; Appeal Denied; Inadequate Search
On January 10, 2022, the Office of Hearings and Appeals (OHA) denied a Freedom of Information Act Appeal filed by Sherry A. Wiley (Appellant) from a final determination issued by Office of the Inspector General (OIG) and the Energy Efficiency and Renewable Energy's Golden Field Office ( GFO) regarding Request No. HQ-2021-00957-F. On Appeal, the Appellant alleged that the responsive documents were incomplete. After review, OHA determined that the OIG's search was reasonably calculated to uncover responsive documents, and accordingly, OHA found that the Appellant's appeal should be denied. OHA Case No. FIA-22-0003
Personnel Security Hearing (PSH)
Access Authorization Restored; Guideline F (Financial Considerations)
On January 25, 2022, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual is employed by a DOE contractor in a position requiring that he hold a DOE security clearance. The Individual reported that he failed to file state and federal tax returns for tax years 2016-2019.
During the hearing, the Individual presented evidence that he had filed all of his past due tax returns and had paid all outstanding tax amounts owed from those years. He testified credibly that he now understood his obligation to file tax returns annually. He also presented evidence that he has sufficient funds in savings to immediately pay any penalties that are assessed for his previous late filings. The Administrative Judge determined that the Individual resolved the security concern associated with Guideline F. Accordingly, she concluded that the Individual's access authorization should be restored. OHA Case No. PSH-21-0119 (Kristin L. Martin).
Access Authorization Not Restored; Guideline G (Alcohol Consumption)
On January 27, 2022, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual had been arrested and charged with Driving Under the Influence of Alcohol (DUI) in 2019 and in 2021 a DOE Contractor Psychologist concluded that the Individual binged or habitually consumed alcohol to the point of impairment.
During the hearing, the Individual presented evidence that he had entered an intensive outpatient program for alcohol abuse in August 2021 and had begun abstaining from alcohol in July 2021. He had completed some urine tests but had not completed any of the blood tests recommended by the Psychologist to support his abstinence. The Individual testified that he had consciously chosen to consume two glasses of wine on Christmas Day 2021 and that he did not feel bad about it because he had been able to drink responsibly. He stated that he did not intend to seek out alcohol in the future but that he also planned to only consume alcohol in moderation if he chose to drink. The Psychologist testified that the Individual was not yet reformed or rehabilitated from his alcohol issues . She further testified that she believed the Individual had a moderate risk of relapse. The Administrative Judge determined that the Individual had not resolved the security concern associated with Guideline G. Accordingly, she concluded that the Individual's access authorization should not be restored . OHA Case No. PSH-21-0120 (Kristin L. Martin).
Access Authorization Restored; Guideline G (Alcohol Consumption)
On January 28, 2022, an Administrative Judge (AJ) determined that the Individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual had a history of three alcohol related arrests. Because of the security concerns raised by the Individual's three alcohol - related arrests, a Local Security Office (LSO) requested that he undergo an evaluation by a DOE - contractor Psychologist (Psychologist), who issued a report of his findings (the Report) in which he found that the Individual "demonstrates a definite propensity toward binge drinking wherein his judgment can be compromised . . ." and was neither reformed not rehabilitated from his binge drinking." While the Psychologist reported that the Individual was attending a 90-day Intensive Outpatient Program (IOP) to address his problematic alcohol use and receiving individual counseling, he concluded the Individual needed more time to fully demonstrate rehabilitation. The Psychologist recommended that the Individual complete his IOP, his court -ordered alcohol education course (DEP) and DWI victim impact program (VP), continue his individual counseling, attend Alcoholics Anonymous or a similar support group, and abstain from alcohol use for a full year, dating back to his sobriety date, October 23, 2020. Ex. 13 at 9. The Psychologist also recommended that the Individual continue to receive random monthly laboratory tests. Ex. 13 at 9.
At the hearing, the Individual provided credible testimony, corroborated by monthly laboratory results, that he has abstained from alcohol use for 15 months. In addition, the Individual submitted evidence showing that he completed the DEP, VIP, and IOP (where he continues to attend aftercare) and continues to receive individual and group counseling for substance abuse. Accordingly, the AJ found that the Individual had successfully mitigated the security concerns under Guideline G raised by his history of three-alcohol related arrests and by his binge drinking.
The Administrative Judge therefore concluded that the Individual's access authorization should be restored. (OHA Case No. PSH-22-0007, Fine)