On July 1, 2013, an OHA Hearing Officer issued a decision in which he determined that an individual’s DOE security clearance should not be restored. The individual had exhibited a pattern of failing to appropriately manage his financial affairs evidenced by his failure to pay his state and local taxes on time or to file his state and local tax returns for a number of years. The Individual also collected sales and occupancy taxes from his customers at two motels he owns. Instead of remitting these funds to the state and local governments as he was required to do, the Individual chose to lessen his losses on those properties by diverting those tax receipts and using them to pay other expenses of those businesses, allowing him to continue to invest in new property. When he was questioned about this behavior during the PSI and at the hearing, the Individual asserted that his actions were appropriate. For these reasons, the Hearing Officer concluded that the Individual had not mitigated these security concerns at the hearing.
Steven Fine - Hearing Officer