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PSH-13-0058 - In the Matter of Personnel Security

On August 16, 2013, an OHA Hearing Officer issued a Decision in which she concluded that an individual should not be granted DOE access authorization.  A DOE Operations Office referred an applicant for a security clearance to administrative review under 10 C.F.R. Part 710, citing as security concerns issues pertaining to the individual’s alleged falsification of security questionnaires, as well as the individual’s history of arrests.  The individual requested a hearing before an OHA Hearing Officer.  After conducting a hearing and evaluating the documentary and testimonial evidence, the Hearing Officer determined that the individual did not present sufficient evidence to mitigate the security concerns raised by his deliberate omissions of substantial required information from security questionnaires in June 2012 and October 2012.   In addition, the Hearing Officer concluded that, despite the passage of a substantial period of time since the individual’s most recent criminal conduct, the evidence in the record raised doubts regarding whether such conduct was likely to recur in the future.  Consequently, the Hearing Officer determined that the individual had not mitigated the security concerns and the DOE should grant not him a security clearance. 

Diane DeMoura - Hearing Officer