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PSH-12-0135 - In the Matter of Personnel Security Hearing

On February 12, 2013, an OHA Hearing Officer issued a decision in which he concluded that access authorization should not be restored to an individual at this time. A Local Security Office suspended access authorization to the individual, alleging he had engaged in conduct that tended to show that he was not honest, reliable or trustworthy, based on (1) the 2008 credit report on the individual which showed one judgment ($8,690), three charged-off accounts (aggregating $5,744), and three collections accounts (aggregating $41,353); (2) the 2012 credit report on the individual which showed three judgments (aggregating $26,277), five charged-off accounts (aggregating $11,723) and eight collections accounts (aggregating $62,758); (3) the individual’s acknowledgment that he had not paid his creditors since 2007; and (4) the individual’s failure to comply with his representations to the LSO in January 2009 that he would address his outstanding indebtedness by filing for bankruptcy. His 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, while anticipating filing for bankruptcy, had made no payments on his consumer debt since 2007. As of the date of the hearing, the individual had not filed for bankruptcy, although he began seeking legal counsel on bankruptcy in 2007, has retained three separate lawyers to file for bankruptcy since 2007 and has represented to the OPM and DOE that he would file for bankruptcy since 2008. At this point, the individual has begun to rectify his demonstrated financial irresponsibility.

Wade Boswell - Hearing Officer