Decisions were issued on: - Personnel Security
Office of Hearings and Appeals
October 4, 2024
minute read time
Personnel Security Hearing (PSH)
Access Authorization Denied; Guidelines G and J
On October 4, 2024, an Administrative Judge (AJ) determined that an Individual's access authorization should be restored under 10 C.F.R. Part 710. The DOE Local Security Office suspended the Individual's security clearance after it determined that the Individual had been diagnosed as meeting the criteria for Alcohol Use Disorder, Mild, and that she had been arrested and charged with three-alcohol-related offenses. In addition to these arrests, the Individual had a history of three parole violations.
At the conclusion of the hearing, the AJ determined that the LSO appropriately invoked Guidelines G and J. The AJ also determined that the Individual did not put forth sufficient evidence to resolve the Guideline G and J security concerns. Accordingly, the AJ concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-24-0122, Fine)
Access Authorization Granted; Guidelines E (Personal Conduct), H (Drug Involvement and Substance Misuse); and J (Criminal Conduct)
On September 30, 2024, an Administrative Judge with the Department of Energy's Office of Hearings and Appeals determined that an Individual's access authorization should be granted. The Individual had used marijuana from high school in 2015 through about eighteen months before the hearing. In that period, she used cocaine five times and a hallucinogenic drug three times. On her QNSP, the Individual omitted one instance of cocaine use and her last use of marijuana, which occurred in February 2023. She updated her QNSP answers when interviewed as part of the security clearance process without being prompted. At the hearing, the Individual presented testimony to show that she had grown and matured and was no longer susceptible to the peer pressure that affected her so strongly in the past. She also presented testimony showing that she only let people who did not use drugs into her life. The Individual testified that she has not used any drugs since February 2023. The Administrative Judge found that the Individual had demonstrated a pattern of abstinence and had taken significant steps to overcome her drug use. The Administrative Judge found that the Individual had taken steps to correct her QNSP before being confronted with the discrepant information. The Administrative Judge further found that the Individual's criminal behavior was tied to her drug use and with the drug use being resolved, the Individual was unlikely to engage in criminal behavior in the future. Accordingly, the Administrative Judge determined that the Individual had mitigated the security concerns and that the Individual's access authorization should be granted. (OHA Case No. PSH-24-0144, Martin)