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PSH-12-0088 - In the Matter of Personnel Security Hearing

On November 15, 2012, an OHA Hearing Officer issued a Decision in which she determined that an Individual’s access authorization should be restored. In reaching this determination, the Hearing Officer found that the Individual had resolved the security concerns arising from his alcohol use. The Individual was diagnosed by a DOE psychologist with Alcohol-Related Disorder, Not Otherwise Specified. In addition, the Individual had five alcohol-related incidents in his past, including a positive Breath Alchol Test (BAT) in March 2012. The hearing officer found that the Local Security Office (LSO) properly raised security concerns under Criteria H, J, and L. At the hearing, the Individual indicated that the day of the positive BAT, he entered an Intensive Outpaitent Treatment Program (IOP). He completed the program and is currently going to aftercare and therapy with his psychologist. The Individual’s psychologist testified that she agreed with the DOE psychologist’s diagnosis but, at the time of the hearing, believed that the Individual was at low risk for relapse. The DOE psychologist did not believe that the Individual was rehabilitated or reformed as of the time of the hearing but stated that he was a low-risk for relapse. Using the “total person concept” set forth in the Adjudicative Guidelines and Part 710 regulations, the Hearing Officer determined that the Individual had mitigated the concerns raised by his alcohol use. Therefore, the Hearing Officer concluded that the Individual’s access authorization should be restored.

Janet Fishman - Hearing Officer