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PSH-12-0055 - In the Matter of Personnel Security Hearing

The individual is employed by a Department of Energy (DOE) contractor, and was granted a security clearance in connection with that employment. On October 11, 2011, the individual filed for personal bankruptcy under Chapter 7 of the federal bankruptcy laws. Upon being apprised of this, the local security office (LSO) summoned the individual for an interview with a personnel security specialist in order to address the security concerns raised by this filing. After this Personnel Security Interview (PSI), the individual was referred to a local clinical psychologist (hereinafter referred to as “the DOE psychologist”) for an agency-sponsored evaluation. The DOE psychologist prepared a written report setting forth the results of her evaluation, and provided that report to the LSO. After reviewing this report, the transcript of the PSI, and the rest of the individual’s personnel security file, the LSO determined that derogatory information existed that cast into doubt the individual’s eligibility for access authorization. They informed the individual of this determination in a letter that set forth the DOE’s security concerns and the reasons for those concerns. I will hereinafter refer to this letter as the Notification Letter. The Notification Letter also informed the individual that he was entitled to a hearing before a Hearing Officer in order to resolve the substantial doubt concerning his eligibility for access authorization.

The individual requested a hearing on this matter. The LSO forwarded this request to the Office of Hearings and Appeals, and I was appointed the Hearing Officer. The DOE introduced seven exhibits into the record of this proceeding and presented the testimony of the DOE psychologist at the hearing. The individual introduced 13 exhibits and presented the testimony of two witnesses, in addition to testifying himself.