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PSH-12-0136 - In the Matter of Personnel Security Hearing

The individual is an employee of a DOE contractor and holds a suspended access authorization. In June 2012, the individual was arrested and charged with Aggravated Driving While Intoxicated (DWI). Exhibits 7, 8. Because of the concern this arrest raised, a Local Security Office (LSO) summoned the individual for an interview (PSI) with a personnel security specialist on July 30, 2012. Exhibit 16 (PSI Transcript). After the PSI, the LSO referred the individual to a local 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 that evaluation, and sent it to the LSO. Exhibit 4 (Psychological Assessment). Based on this report 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. Exhibit 3 (Case Evaluation Sheet). The LSO informed the individual of this determination in a letter that set forth the DOE’s security concerns and the reasons for those concerns. Exhibit 1. 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 in this matter. The LSO forwarded this request to OHA, and I was appointed the Hearing Officer. The DOE introduced 18 exhibits into the record of this proceeding and presented the testimony of the DOE Psychologist. The individual introduced eight exhibits and presented the testimony of three witnesses, in addition to his own testimony.