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PSH-14-0018 - In the Matter of Personnel Security

On June 6, 2014, 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 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 failure to file Federal income tax returns for tax years 2010 and 2012.  After conducting a hearing, convened at the individual’s request, and evaluating all relevant evidence, the AJ concluded that the individual presented information to fully resolve the security concerns.  The AJ found that the individual acknowledged that his failure to file his tax returns was unacceptable, and he demonstrated remorse for his conduct.  In addition, the individual has since filed his delinquent returns.   Finally, the individual demonstrated that he learned from his mistake and has taken steps to prevent the recurrence of similar issues in the future.  Based on the evidence in the record, the AJ concluded that the individual’s conduct at issue was an atypical lapse in judgment that is unlikely to recur in the future and does not cast doubt on his current reliability, trustworthiness or good judgment.  Accordingly, the AJ found that the DOE should restore the individual’s suspended security clearance.

Diane DeMoura - Administrative Judge