You are here

PSH-13-0133 - In the Matter of Personnel Security Hearing

On March 20, 2013, an OHA Administrative Judge issued a Decision in which she determined that an Individual’s access authorization should be restored.  In reaching this determination, the Administrative Judge found that the Individual had resolved the security concerns arising from his opioid.  A DOE psychologist diagnosed the Individual as suffering from Opioid Use Disorder of moderate severity.  In addition, the LSO alleged that the Individual made contradictory statements during the PSI and to the DOE psychologist, the Individual violated his drug certification form, and improperly used his ex-wife’s prescription medication.  The Local Security Office (LSO) raised security concerns related to the diagnosis and arrests under Criteria H, K, and L of the Part 710 regulations.  The Individual signed the drug certification form in 1991 after having admitted to marijuana use some years previously.  He also admitted that he used his ex-wife’s prescription medication on several occasions in 2010 and 2011.  He had run out of the identical medication and was in pain.  He replaced the pills when his prescription was refilled.  The DOE psychologist found that the Individual met four diagnostic criteria in the DSM-5 for Opioid Use Disorder of moderate severity.  The Individual’s psychiatrist disagreed with that diagnosis and found that he did not meet any of the diagnostic criteria that the DOE psychologist had found him to meet.  The OHA Administrative Judge found the Individual’s psychiatrist’s application of the DSM-5 to be more persuasive than the DOE psychologist’s application.  The Administrative Judge also found that the Individual did not make contradictory statements to the two parties.  In addition, the Administrative Judge found that enough time had passed since the Individual’s use of his ex-wife’s prescription medication occurred and under such circumstances that it is unlikely to recur.  Finally, the Administrative Judge found that the Drug Certification Form was not clear enough for the Individual to understand that his taking of his ex-wife’s medication violated it.  Therefore, the Administrative Judge concluded that the Individual’s access authorization should be restored.

Janet Fishman - Administrative Judge