On August 22, 2013, an OHA Hearing Officer issued a Decision in which she concluded that the DOE should not restore an individual’s suspended DOE access authorization. A DOE Operations Office referred the individual administrative review under 10 C.F.R. Part 710, citing as security concerns issues pertaining to the individual’s use of alcohol, including the results of a random alcohol screening at his workplace, on which the individual registered an unacceptably high breath alcohol content, as well as the diagnosis of alcohol abuse by a DOE consultant-psychologist. The Operations Office also cited as a security concern the DOE consultant-psychologist’s opinion that the individual had certain personality traits or behaviors which caused, or may cause a significant defect in his judgment or reliability. The individual requested a hearing before an OHA Hearing Officer. Following the hearing, at which the individual testified on his own behalf, but presented no additional testimonial or documentary evidence, the Hearing Officer determined that the individual had failed to mitigate the security concerns. Specifically, the Hearing Officer found the Individual presented no evidence that he was rehabilitated from either his personality-related psychological condition or his excessive consumption of alcohol and related alcohol abuse diagnosis. Consequently, the Hearing Officer determined that the individual had not mitigated the security concerns, and the DOE should not restore his suspended security clearance.
Diane DeMoura - Hearing Officer