Decisions were issued on: - Personnel Security - FOIA Appeal
Office of Hearings and Appeals
September 27, 2024
minute read time
FOIA Appeal (FIA)
FOIA; Appeal Denied; Exemption 6; Exemption 7(c)
On September 23, 2024, the Office of Hearings and Appeals (OHA) denied a Freedom of Information Act ( FOIA) appeal filed by Randy Dins (Appellant) from a determination letter issued by the Department of Energy (DOE), Office of Inspector General (OIG). Appellant submitted a FOIA request seeking copies of records related to potential investigations into an individual DOE employee . Appellant challenged OIG's Exemptions 6 and 7(c) Glomar response that it could neither confirm nor deny the existence of records with respect to closed investigations into the individual DOE employee . Upon review, OHA found the Glomar response and invocation of Exemptions 6 and 7(c) justified. Accordingly, the Appellant's appeal was denied. (OHA Case No. FIA-24-0051)
Personnel Security Hearing (PSH)
Access Authorization Granted; Guideline E (Personal Conduct); Guideline H (Drug Involvement and Substance Misuse); Guideline J (Criminal Conduct)
On September 23, 2024, an Administrative Judge (AJ) determined that an Individual's access authorization should be granted under 10 C.F.R. Part 710. The DOE Local Security Office (LSO), during the background investigation into the Individual, discovered derogatory information regarding his drug involvement, personal conduct, and criminal conduct which created a substantial doubt regarding his eligibility to hold a security clearance. Furthermore, the Individual was evaluated by a DOE consultant psychiatrist who diagnosed the Individual with Severe Opiate Use Disorder under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition (DSM-5) on maintenance treatment and who opined that at the time, the Individual had not demonstrated rehabilitation. At the conclusion of the hearing, the AJ determined that the LSO appropriately invoked Guidelines E, H, and J. Among other evidence, the Individual presented documentary evidence and witness testimony demonstrating that he had been engaged in methadone treatment, attended individualized and group therapy, and had maintained abstinence from opiate use for five years. The DOE Psychiatrist also opined at the hearing that the Individual was rehabilitated as of the date of the hearing. The AJ determined that the Individual put forth sufficient evidence to resolve the security concerns . Accordingly, the AJ concluded that the Individual's access authorization should be granted. (OHA Case No. PSH-24-0106, Martin)