On February 20, 2013, an OHA Hearing Officer issued a Decision in which she determined that an Individual’s access authorization should be restored. In reaching this determination, the Hearing Officer found that the Individual had resolved the security concerns arising from her alcohol use. A DOE psychologist diagnosed the Individual as suffering from alcohol abuse. In addition, the Individual had two alcohol-related arrests. The Local Security Office (LSO) raised security concerns related to the diagnosis and arrests under Criteria H and J of the Part 710 regulations. It also raised security concerns related to the arrests under Criterion L of the regulations. The Individual showed that she completed an intensive outpatient treatment program from her alcohol use. In addition, she has been attending Alcoholics Anonymous (AA) regularly, including attending 110 meetings in 96 days. The Individual’s counselor, sponsor, and psychologist all testified that she is committed to her abstinence. Her friend and her co-worker confirmed that assessment. The DOE psychologist testified that the Individual has a robust recovery program and that she is rehabilitated and reformed. The Hearing Officer found that the Individual had mitigated the Criteria H and J concerns based on the testimony of the expert witnesses. In addition, since the Individual’s arrests were alcohol related and his alcohol disorder is sufficiently resolved, the concerns about the individual’s judgment, reliability, and trustworthiness under Criterion L are resolved. Therefore, the Hearing Officer concluded that the Individual’s access authorization should be restored.
Janet Fishman - Administrative Judge