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Summary of Decisions - May 27, 2013 – May 31, 2013

May 31, 2013 - 1:29pm

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Personnel Security Hearing (10 CFR Part 710)

On May 30, 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 under 10 CFR Part 710, a Local Security Office (LSO) cited (1) the report of a DOE consultant psychiatrist, in which he diagnosed the individual as suffering from Alcohol Abuse; (2) the individual’s September 25, 2012, positive blood alcohol test at work; (3) his admission that, the evening before the test, he consumed approximately three Jack Daniels and three beers; (4) his admission that from 2009 to September 2012, he drank to the point of intoxication every weekend; (5) his December 31, 2005, arrest for Driving Under the Influence (DUI); and (6) his June 21, 1989, DUI arrest.  The Hearing Officer found that the individual had not resolved the concerns raised regarding his use of alcohol, particularly given the fact that the DOE psychiatrist changed his diagnosis from Alcohol Abuse to Alcohol Dependence and opined that the individual was at a medium to high risk of relapse, after testimony by the individual at the hearing that he continued to consume alcohol, and did so as recently as six weeks prior to the hearing.  OHA Case No. PSH-13-0024 (Steven J. Goering, H.O.)

On May 31, 2013, an OHA Hearing Officer issued a decision in which she concluded that an individual’s security clearance should be restored.  In August 2012, the individual attempted to commit suicide, and was subsequently admitted to a local hospital for treatment and observation.  Because these events raised security concerns, the local security office (LSO) summoned the individual for a Personnel Security Interview (PSI).  During that PSI, the individual was referred to a DOE consultant psychologist (DOE psychologist) for an agency-sponsored evaluation.  After conducting a hearing and evaluating the documentary and testimonial evidence, the Hearing Officer found that the individual had presented sufficient evidence to resolve the security concerns associated with her improper use of prescription medication as well as her diagnoses of depression and alcohol abuse.  Accordingly, the Hearing Officer concluded that the individual’s security clearance should be restored.  OHA Case No. PSH-13-0020 (Kimberly Jenkins-Chapman, H.O.)

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