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PSH-13-0031 - In the Matter of Personnel Security Hearing

Personnel Security Hearing (PSH-13-0031).  On June 10, 2013, an OHA Hearing Officer issued a decision in which he determined that the DOE should not restore an individual’s access authorization.  As security concerns under 10 C.F.R. Part 710, a Local Security Office cited (1) the individual’s admission that his wages were being garnished in the amount of $150 weekly to satisfy a federal income tax debt of approximately $11,000, and that he owed approximately $3,600 in back state income taxes; (2) his failure to file a 2010 state income tax return; (3) collection accounts totaling $15,443, a charged-off account of $1,242, and a 60-day delinquency in payments on a vehicle; (4) his failure to resolve past due accounts despite his intentions expressed in 2010; and (5) his statement that that he did not feel that he was living within his means and that he was overextended financially.  During and subsequent to the hearing, the individual presented evidence that he had made arrangements to make monthly payments toward his tax liability and other outstanding debt.  However, the hearing officer, noting that the DOE had previously put the individual on notice that it was concerned with his outstanding debts and tax compliance, was not convinced that the individual would follow through now with his commitment to pay his outstanding debt.  The hearing officer found that the individual had not yet fully established a pattern of financial responsibility, and that there were reasons to doubt that he would be able to sustain such a pattern in the long term.   The hearing officer therefore concluded that the DOE should not restore the individual’s access authorization.

Steven Goering - Hearing Officer