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PSH-14-0048 - In the Matter of Personnel Security

On July 17, 2014, an OHA Administrative Judge issued a decision in which she concluded that an individual’s security clearance should not be granted.  A Local Security Office (LSO) conducted a Personnel Security Interview of the individual to address concerns about his outstanding debt and alleged misrepresentations on his SF-86 forms.  In the Notification Letter, the LSO cited the: 1) the individual’s federal delinquent tax debt for the years 2000, 2001, 2002, 2004, 2005, 2006 and 2012, totaling $40,950.45; 2) the individual’s seven collection accounts totaling $52,949.63; 3) the individual’s account that is 60 days past due for $305; 4) the individual’s statements during his PSIs in August 2012 and September 2008, and a previous administrative hearing in February 2013, that he intended to resolve his outstanding debts, but during his PSI on January 30, 2014, he admitted that he did not resolve his debts; and 5) the individual’s failure to disclose on his QNSPs a federal tax lien for 2006.  After the hearing, the individual submitted documentation indicating that he paid off a majority of his tax debts and many of his debts that were in collection.  However, a large amount of debts in collection remain unpaid, and the individual disputed some of the other debts, but did not submit any documentation explaining the basis for his dispute or resolving his debts.  Hence, the Administrative Judge concluded that the individual did not mitigate the concerns regarding his outstanding debt.  Moreover, based on the credit report and the administrative record, it appeared that there was never a tax lien for 2006.  Thus, concerns with regards to his honesty in regarding report his purported 2006 tax liens, were mitigated.  Accordingly, the Administrative Judge concluded that the individual’s security clearance should not be granted.

Shiwali Patel - Administrative Judge