On November 7, 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 to administrative review under 10 C.F.R. Part 710, citing as security concerns issues pertaining to the individual’s November 2012 arrest and subsequent felony charges of False Voting and Forgery. 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 at issue in the proceeding. Specifically, the Hearing Officer concluded that, although the individual presented evidence of his excellent work record and community involvement, readily admitted that he committed the criminal offense, accepted responsibility for his behavior, and demonstrated sincere remorse, these positive factors were insufficient to fully resolve the security concerns raised by his recent criminal behavior. The Hearing Officer noted that, despite his awareness that such conduct was illegal, the individual planned in advance to vote for his son in the 2012 Presidential Election (with the son’s consent) because his son was unavailable to vote for himself. The Hearing Officer concluded that the individual, a highly-educated professional, exercised inexcusably poor judgment in voting for his son, and remains on probation for his relatively recent offense. Consequently, the Hearing Officer found that the individual had not demonstrated that the criminal behavior at issue is unlikely to recur or does not cast doubt on the individual’s reliability, trustworthiness, or good judgment. Therefore, the Hearing Officer determined that his suspended DOE access authorization should not be restored.
Hearing Officer - Diane DeMora