On November 15, 2012, an OHA Hearing Officer issued a decision in which he concluded the DOE should not restore an individual’s access authorization. A Local Security Office (LSO) raised certain concerns regarding the individual’s use of alcohol, citing a recent arrest for Aggravated Driving Under the Influence (DUI) and a diagnosis by a DOE consultant psychologist (DOE Psychologist) that the individual suffered from Alcohol Dependence. After conducting a hearing and evaluating the documentary and testimonial evidence, the Hearing Officer found that the individual had not presented sufficient evidence to mitigate these security concerns. The individual had abstained from the use of alcohol in the seven month since the DUI arrest, had completed a 10-week Intensive Outpatient Program, was attending three Alcoholics Anonymous per week and an aftercare program including monthly meetings with a therapist, and is subject to twice monthly unannounced drug and alcohol tests. Having heard the testimony and other evidence presented by the individual, the DOE psychologist testified that he could have a high degree of confidence in a prognosis of a low risk of relapse only after the individual had been abstinent from alcohol use for one full year. The Hearing Officer agreed with this assessment and concluded that the individual had not resolved the security concerns raised in the case.
Steven Goering - Hearing Officer