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PSH-14-0013 - In the Matter of Personnel Security Hearing

On June 2, 2014, an OHA Administrative Judge issued a Decision in which she determined that an Individual’s access authorization should not be restored.  In reaching this determination, the Administrative Judge found that the Individual had not resolved the security concerns arising from falsifications on his Questionnaire for National Security Positions (QNSP); delinquent debts; and failure to report to the DOE two bankruptcy filings and a wage garnishment.  At the hearing, the individual claimed that he failed to list delinquent debts on his QNSP because he believed it would be easier to explain his situation in person to an investigator.  The Administrative Judge found that he deliberately falsified his QNSP and did not mitigate the concern with his “good intensions.”  The Local Security Office also claimed that the Individual falsified information on the QNSP regarding a wage garnishment.  The Administrative Judge found that the garnishment did not occur until after the date he signed his QNSP, therefore, he did not falsify the answer to that question.  As to the delinquent debts, the Administrative Judge found that, although the Individual filed for Chapter 7 bankruptcy prior to the hearing, as his debts are not yet discharged and he has not pattern of financial responsibility, he has not yet mitigated the concern raised by his delinquent debts.  As to his failure to report his bankruptcies and wage garnishment, the Administrative Judge found that he mitigated that concern by showing that he had no knowledge of the bankruptcy filings as his brother filed them on his behalf to stop foreclosure on the Individual’s primary residence.  As to the wage garnishment, the Individual’s claim that he thought the DOE had knowledge of the garnishment was not persuasive.  Based on the foregoing, the Administrative Judge concluded that the Individual had not mitigated the Criteria F and L concerns and that his access authorization should not be restored.

Janet R. H. Fishman - Administrative Judge