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PSH-13-0046 - In the Matter of Personnel Security Hearing

On July 16, 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 Criterion L of 10 CFR Part 710, a Local Security Office (LSO) cited the individual’s failure to pay federal and state income taxes for most years from 2002 through 2011, which demonstrated a pattern of financial irresponsibility.  The Hearing Officer found that the individual had resolved these concerns with respect to his state tax delinquency, as he had paid the state what he owed and was now current on his state taxes.  Regarding his federal tax debt, which was recently calculated at over $90,000, the individual presented evidence that he had entered into a payment plan with the IRS and had made a first payment on the plan, and in addition had engaged an attorney to assist him with both past and future tax matters.  Nevertheless, the Hearing Officer concluded that despite the individual’s efforts, too little time had passed to establish a sustained pattern of financial responsibility in light of the long history of financial irresponsibility.

William Schwartz - Hearing Officer