On May 29, 2014, an OHA Administrative Judge (AJ) 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 under 10 C.F.R. Part 710 the individual’s outstanding delinquent federal taxes and other debts and issues pertaining to his overall pattern of financial irresponsibility, as well as his misrepresentation of certain information on a security questionnaire and during a personnel security interview. After conducting a hearing, convened at the individual’s request, and evaluating all relevant evidence, the AJ concluded that the individual mitigated the security concerns raised by his misstatements on the security questionnaire and during the security interview because the individual did not deliberately attempt to mislead the DOE. However, the AJ further determined that the individual had not resolved the security concerns raised by his pattern of financial irresponsibility. In this regard, the AJ found that, although the individual’s old debts were discharged in bankruptcy, he remained in a very precarious financial position as of the date of the hearing. Therefore, the AJ was unable to conclude that the individual’s financial difficulties were in the past and unlikely to recur such that they did not cast doubt on his current reliability, trustworthiness or good judgment. Accordingly, the AJ found that the DOE should not restore the individual’s suspended security clearance.
Diane DeMoura - Administrative Judge