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PSH-12-0103 - In the Matter of Personnel Security Hearing

On November 5, 2012, an OHA Hearing Officer issued a decision in which he concluded that access authorization should not be granted to an individual.  A Local Security Office denied access authorization to the individual because she demonstrated financial irresponsibility through               (1) failing to file federal and state income taxes for seven years, Tax Year (TY) 2004 through TY 2010; (2) accruing unpaid federal tax liability of $37,619.37 and unpaid state tax liability of $6,885.00; and (3) claiming nine tax withholding allowances when she knew she should only claim one. Her behavior raised security concerns under Criterion L. After conducting a hearing and evaluating the documentary and testimonial evidence, the Hearing Officer found that the individual had taken commendable actions during the past 12 months to improve her financial situation: she had filed seven years of delinquent federal and state tax returns; she had entered into tax repayment agreements with both federal and state authorities; she had adjusted her tax withholding allowances to an appropriate number; and she had undertaken a second job to assure that she has sufficient income to meet her obligations. Notwithstanding these steps, the individual has exhibited a sustained pattern of financial irresponsibility for at least seven years, and has substantial tax debt outstanding with insubstantial payments made under her tax repayment agreements (five payments on a ten-year federal agreement and no payments on a five-year state  agreement) to resolve it. At this point, it is too early to find that the individual has demonstrated a sustained period of financial responsibility for a significant period of time relative to her demonstrated financial irresponsibility.

Wade Boswell - Hearing Officer