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PSH-14-0039 - In the Matter of Personnel Security

On July 22, 2014, an OHA Administrative Judge issued a decision in which he determined that the DOE should not restore an individual’s access authorization.  As security concerns under Criterion K of 10 CFR Part 710, a Local Security Office (LSO) cited the individual’s October 2013 arrest for possession of cocaine and his admission that he had used cocaine in 2011 and 2012.  The LSO also raised concerns under Criterion L regarding his questionable judgment in driving with a Blood Alcohol Content in excess of the legal limit and his criminal activity (cocaine use and driving while intoxicated).  The Administrative Judge found that the individual had not resolved these concerns.  The individual attended a 12-hour substance abuse counseling program and will be on probation until mid-2015.  Although the individual is committed to abstaining from cocaine use and is abiding by his probation terms in avoiding all alcohol, the Administrative Judge felt that too little time had elapsed since the individual’s counseling and commitment to find that he had mitigated the LSO security concerns.

William M. Schwartz - Administrative Judge