On August 30, 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, among other things, the individual’s failure to satisfy debts, the largest of which was the mortgage on his home, and his failure to provide information requested by the LSO related to his finances. The hearing officer found that the individual had yet to demonstrate, let alone sustain, any pattern of financial responsibility. Not only was an over two year pattern of non-payment of the individual’s mortgage only very recently ended, it ended only after the intervention of his family, and not because the individual took the initiative to seek their help, but rather only after the family learned from a third party, on June 14, 2013, about the foreclosure on the individual’s home. Regarding the individual’s failure to provide requested information regarding his finances, the hearing officer similarly found that the concerns it raises regarding his judgment and reliability can be mitigated only by a sustained period of behavior demonstrating good judgment and reliability. Given the recency of the conduct here, the individual clearly had not established such a pattern. The hearing officer therefore concluded that the DOE should not restore the individual’s access authorization.
Steven Goering - Hearing Officer