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PSH-13-0090 - In the Matter of Personnel Security Hearing

On October 23, 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 his April 2012 arrest for Driving Under the Influence (DUI) of Alcohol, as well as opinion of a DOE consultant-psychiatrist that the individual met the criteria for alcohol abuse disorder and was a user of alcohol habitually to excess.  The individual requested a hearing before an OHA Hearing Officer.  After conducting a hearing and evaluating the testimonial and documentary evidence, the Hearing Officer determined that the individual had failed to mitigate the security concerns related to his excessive consumption of alcohol.  Specifically, the Hearing Officer found the Individual did not acknowledge his alcohol abuse disorder or that his drinking patter was of concern and, as a result, had failed to take steps necessary to address his alcohol problem.  In addition, the hearing officer concluded that the individual had demonstrated poor judgment with respect to his use of alcohol in the past, and his alcohol consumption continued to raise significant concerns regarding his current – and future – judgment, reliability, and trustworthiness.  Therefore, 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