On April 1, 2013, an OHA Administrative Judge (AJ) issued a Decision in which she concluded that the DOE should restore an individual’s suspended DOE access authorization. A DOE Operations Office suspended an individual’s security clearance and referred him to administrative review under 10 C.F.R. Part 710, citing as security concerns issues pertaining to the individual’s use of alcohol, including the opinion of a DOE consultant-psychologist individual was a user of alcohol habitually to excess, as well as the individual’s past arrests and citations. After conducting a hearing and evaluating the documentary and testimonial evidence, the AJ determined that the individual mitigated the security concerns. The AJ found that the individual acknowledged his alcohol problem and took steps to address it by becoming an active participant in Alcoholics Anonymous – attending several meetings per week, working closely with a sponsor, and working the program’s 12 steps. In addition, the individual, having committed to abstinence from alcohol, demonstrated seven months of abstinence from alcohol, and the DOE consultant-psychologist opined that he was unlikely to drink to intoxication in the future. In addition, the AJ concluded that the concerns raised by the individual’s past arrests and citations were mitigated by the passage of time and the individual’s increased maturity in the years since the arrests. Consequently, the AJ determined that the individual presented evidence to fully resolve the security concerns and, therefore, the DOE should restore his suspended DOE access authorization.
Diane DeMoura - Administrative Judge