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PSH-13-0038 - In the Matter of Personnel Security Hearing

On June 26, 2013, an OHA Hearing Officer issued a Decision in which she determined that an Individual’s access authorization should not be granted.  In reaching this determination, the Hearing Officer found that the Individual had not resolved the security concerns arising from an opinion of a licensed medical professional that he has a mental condition which causes or may cause a significant defect in judgment and reliability and the Individual’s past unreliable behavior.  A DOE psychologist opined that the Individual has a mental trait that makes him unreliable.  The Local Security Office (LSO) raised the DOE psychologist’s opinion as a security concern under Criterion H of the Part 710 regulations.  The LSO also raised the Individual’s multiple arrests, false statements to the OPM investigator and Personnel Security Specialist, and his failure to pay his state and federal income taxes as concerns under Criterion L of the regulations.  The Individual did not present any compelling evidence that would convince the Hearing Officer to disregard or mitigate the DOE psychologist’s opinion.  The Individual is not in counseling, could not lay blame for his past behavior on a temporary condition, nor show that he no longer is unreliable.  The DOE psychologist’s testimony convinced the Hearing Officer that the Individual is still suffering from the mental condition.  As to the Criterion L concerns, he did not present any mitigating evidence regarding his past unreliable behavior.  While most of the events raised by the LSO as security concerns under Criterion L, when considered separately, may not be of sufficient importance to give rise to a valid security concern, when considered together, the events show that the Individual has a cavalier attitude toward following rules and regulations.  Such behavior does not correspond with the behavior of someone holding a security clearance.  Therefore, the Hearing Officer concluded that the Individual’s access authorization should not be granted.

Janet Fishman - Hearing Officer