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PSH-14-0022 - In the Matter of Personnel Security

On May 22, 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 failure to file his federal income tax for the years 2009 through 2012 and an unsatisfied state lien.  As of the date of the hearing, the Individual has not filed his federal income taxes for 2009 through 2012.  He failed to mitigate the concern, failing to show that the behavior was infrequent or so long ago as to be a little concern, there was no reason for his failure to file, he received no counseling and had not made a good faith effort to file his taxes.  As to the state tax lien, although he has started making payments, it is not yet paid in full.  In addition, he did not show that the behavior was infrequent or so long ago to be of little concern.  Further, he did not dispute the validity of the lien.  Based on the foregoing, the Administrative Judge concluded that the Individual had not mitigated the Criterion L concern and that his access authorization should not be restored.

Janet Fishman - Administrative Judge