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Summary of Decisions - July 7, 2014 – July 11, 2014

July 11, 2014 - 3:14pm


Personnel Security (10 CFR Part 710)

On July 11, 2014, an OHA Administrative Judge issued a decision finding that the DOE should not restore an individual’s security clearance. The case involved allegations that the individual had deliberately omitted significant information from several security forms, had been charged with more than 30 traffic violations since 1987, had violated verbal commitments made to the DOE that he would not continue to violate traffic laws, had failed to disclose information about an extra-marital affair and medication he was taking, and improperly characterized some workplace discipline incidents.  The Administrative Judge first found that the individual had adequately mitigated the security concerns premised on 10 CFR Part 710.8(f) (Criterion F) regarding his failure to report information on several DOE security forms, since his omissions lacked requisite element of deliberateness.  He also found that the individual had mitigated other security concerns predicated on 10 CFR Part 710.8(l) (Criterion L).  Specifically, he found that he had not concealed his extra-marital affair from the DOE, and had always been compliant with reporting pharmaceuticals he was taking except in one circumstance which was an outgrowth of unique circumstances. He also held that the four workplace disciplinary matters at issue occurred almost four years ago and were mitigated by the passage of time, and the fact that the four occurred over the course of the individual’s 29-year employment history.  However, the Administrative Judge held that the individual had not mitigated the security concerns associated with the 32 traffic citations he received between 1987 and 2013. He determined that in light of the individual’s long history of non-compliance, together with his proven ability to periodically exhibit “reformed” behavior by being “citation-free,” he could not find his current period of receiving no citations to be sufficient to demonstrate reformation of his patterns of violating the law. OHA Case No. PSH-14-0015 (Wade Boswell)

On July 11, 2014, an OHA Administrative Judge issued a decision in which he determined that the DOE should restore an individual’s access authorization.  As security concerns under Criterion L of 10 CFR Part 710, a Local Security Office (LSO) cited the individual’s outstanding debts, her inability or unwillingness to pay those debts, and her failure to report certain debts to the LSO.  The Administrative Judge found that the individual had resolved these concerns.  The individual accrued her outstanding debts under unusual circumstances in 2006 and 2007, and has been living within her means since that time, though without sufficient excess income to repay the old debts.  Her recent bankruptcy discharged the old debts.  Finally, the individual’s testimony, supported by the record, convinced the Administrative Judge that her failure to report certain debts was not deliberate or intended to conceal critical information from the LSO.  OHA Case No. PSH-14-0035 (William M. Schwartz)