Personnel Security Hearing (10 CFR Part 710)

On August 19, 2016, an Administrative Judge issued a decision in which he determined that an individual's access authorization should not be restored.  According to the Notification Letter, the individual’s financial irresponsibility had led to a Chapter 13 bankruptcy that he filed in late 2014.  Primary causes of the individual’s financial overextension included providing $80,000 in support to a friend of his step-son between 2001 and 2006 and roughly $500,000 to a family unrelated to him between 2003 and 2016.  In addition, the individual was the victim of two sequential online loan application scams.  A DOE consultant psychologist evaluated the individual and determined that, though he did not suffer from an illness or mental condition that fell within the ambit of Criterion J, the individual suffered from a self-defeating personality disorder that adversely affected his self-care.  The Local Security Office determined that the individual’s actions raised security concerns under Criterion L.  By the time of the hearing, the individual had completed two years of counseling that was addressing his need to help others to his own detriment and, in addition, had engaged in a financial education program that included ongoing one-on-one coaching from a financial counselor.  Despite evidence of progress in treating the personality disorder, the Administrative Judge found that the individual was still at an early stage of employing newly acquired appropriate behaviors toward his finances and, therefore, had not resolved the DOE’s security concerns.  OHA Case No. PSH-16-0014 (William Schwartz)

On August 19, 2016, an Administrative Judge issued a decision in which he determined that an individual’s access authorization should not be restored. The individual indicated on his Questionnaire for National Security Positions that he had previously been charged with Driving Under the Influence (DUI) mentioning only his consumption of alcohol preceding the arrest in July 1992.  However, records indicated that the individual was charged with Criminal Possession of Marijuana, Failing to Keep the Right of the Road, Driving while Intoxicated by Drugs (DWI-Drugs), and Driving While Ability Impaired. Because this information raised security concerns under Criterion L, the individual’s security clearance was not granted, and he requested a hearing.  At the hearing, the individual attempted to demonstrate that he is an honest person who could be trusted to safeguard classified information by testifying that he provided information about his arrest, that he did not intend to provide false information, and that he answered the questions on the form to the best of his ability.  After reviewing this testimony and the testimony of the individual’s co-worker, colleague, friend, and neighbor, the Administrative Judge determined that the individual intentionally provided incomplete and misleading information during the investigation. Consequently, he concluded that the individual had not successfully addressed the DOE’s security concerns.  OHA Case No. PSH-16-0040 (Robert B. Palmer)