Personnel Security (10 CFR Part 710)

On November 12, 2014, an OHA Administrative Judge issued a decision in which she concluded that an individual’s security clearance should not be restored.  A Local Security Office conducted a Personnel Security Interview of the individual to address concerns about falsification and drug use.  The individual’s behavior raised security concerns under Criteria F, K and L.  After conducting a hearing and evaluating the documentary and testimonial evidence, the Administrative Judge found that the individual had presented sufficient evidence to resolve the security concerns associated with his personal use of marijuana and other illegal drugs.  However, she found that the individual had not sufficiently mitigated the security concerns related to his falsifications and assisting in the sale of illegal drugs.  OHA Case No. PSH-14-0069 (Kimberly Jenkins-Chapman)

On November 14, 2014, an OHA Administrative Judge (AJ) issued a decision in which he concluded that the DOE should not restore an individual’s access authorization. After conducting a hearing, convened at the individual’s request, and evaluating all relevant evidence, the AJ concluded that the individual had not mitigated the security concerns raised under criterion (l) regarding his financial difficulties. Specifically, the AJ found that the individual had engaged in a pattern of financially irresponsible behavior, which included failing to file his tax returns in a timely manner and failing to make any significant effort to dispute, resolve, or pay off a long-standing collection account that comprises almost all of his indebtedness. Therefore, the AJ was unable to conclude that restoring the individual’s security clearance would not endanger the common defense and be clearly consistent with the national interest. Accordingly, the AJ found that the DOE should not restore the individual’s access authorization.  OHA Case No. PSH 14 0076 (Robert Palmer)