You are here

Summary of Decisions - March 4, 2013 – March 8, 2013

March 8, 2013 - 10:08am

Addthis

Personnel Security Hearing (10 CFR Part 710)

On March 5, 2013, an OHA Hearing Officer issued a decision in which she concluded that an individual’s security clearance should not be granted.  A Local Security Office conducted a Personnel Security Interview of the individual to address concerns about his misrepresentations and misuse of information technology.  After conducting a hearing and evaluating the documentary and testimonial evidence, the Hearing Officer found that the individual presented sufficient evidence to resolve the security concerns associated with his misuse of information technology.  However, she found that the individual had not sufficiently mitigated the security concerns related to his misrepresentation on a 2011 Questionnaire for National Security Positions and a misrepresentation made during his Personnel Security Interview.  OHA Case No. PSH-12-0133 (Kimberly Jenkins-Chapman, H.O.)

On March 5, 2013, an OHA Hearing Officer issued a decision in which he determined that an individual’s DOE access authorization should be restored.  The individual had a history of two alcohol-related arrests and an alcohol-related incident at work.  A DOE psychologist found that the individual habitually used alcohol to excess.  The Hearing Officer found that the individual had sufficiently mitigated the security concerns with his alcohol use by presenting evidence that he had more than fully complied with the DOE psychologist’s treatment recommendations and the compelling testimony of his treating counselor.  OHA Case No. PSH-12-0131 (Steven L. Fine, H.O.)

On March 8, 2013, a Hearing Officer determined that an individual’s security clearance should not be restored.  In reaching this determination, the Hearing Officer found that the individual had not successfully addressed the DOE’s security concerns regarding his failure to file state and federal income tax returns. Specifically, the Hearing Officer concluded that, although the individual had filed all of his overdue returns as of the date of the hearing, his nine-year history of irresponsible behavior regarding the filing of his returns was not mitigated by the very brief period of responsible behavior regarding his taxes that began with the filing of his last overdue return approximately two weeks before the hearing. OHA Case No. PSH-13-0002 (Robert B. Palmer, H.O.)

On March 4, 2013, an OHA Hearing Officer issued a decision in which he determined that the DOE should not restore an individual’s access authorization.  As security concerns, a Local Security Office (LSO) cited the individual’s history of criminal conduct and a DOE psychiatrist’s diagnosis of Alcohol Abuse without adequate evidence of rehabilitation or reformation.  The Hearing Officer found that the individual had not resolved the concern raised by the opinion of the DOE psychiatrist; though he had embarked upon a course of treatment that involved both education and Alcohol Anonymous meetings, he had only recently begun the program and was still in an early stage of recovery.  The Hearing Officer further found that the individual had not resolved the concerns raised by a longstanding pattern of criminal conduct, including eight arrests in the past nine years, and a charge of driving under the influence less than seven months ago.  OHA Case No. PSH-12-0132 (William M. Schwartz, H.O.)

Addthis