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PSH-14-0046 - In the Matter of Personnel Security

On July 25, 2014, an OHA Administrative Judge issued a decision in which he determined that the DOE should not grant DOE access authorization to an individual.  As security concerns under Criterion L of 10 CFR Part 710, a Local Security Office (LSO) cited the individual’s failure to file Federal and state tax returns for 2008 through 2012.  The Administrative Judge found that the individual had not resolved these concerns.  The individual explained that she had been unable to obtain documentation of her income in 2009 and 2010. Although she had proper documentation to file her 2011 and 2012 taxes,  she felt she lacked sufficient skills to do so, and could not afford to use a commercial tax filing service.  She had, however, filed her taxes for 2013, and acknowledges that she must file the outstanding tax returns.  Nevertheless, the Administrative Judge felt that the individual had not taken sufficient steps toward resolving her tax matters for him to conclude that she had mitigated the LSO’s concerns.

William M. Schwartz - Administrative Judge