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Security Cases

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November 17, 2015
PSH-15-0062 - In the Matter of Personnel Security Hearing

On November 17, 2015, an Administrative Judge issued a decision in which he determined that an individual's access authorization should be granted.  According to the Notification Letter, the individual had failed to file federal income tax returns for the years 2010 through 2013.   The individual’s reason for engaging in this behavior was that he knew that his wife of 19 years feared little other than taxes, that she was refusing to agree to a divorce, and that his hope was that his refusal to file their taxes would drive her to agree to the divorce.  He was not aware, until his Personnel

November 13, 2015
PSH-15-0065 - In the Matter of Personnel Security Hearing

On November 13, 2015, an OHA Administrative Judge issued a decision in which he determined that an individual’s DOE access authorization should be restored.  The individual was diagnosed by a DOE psychologist with “personality traits that are mental conditions which cause, or may cause, a significant defect in her judgment or reliability,” and had a history of criminal activity.  The Administrative Judge found that the individual had voluntarily entered a counseling or treatment program for a condition that is amenable to treatment, and is currently receiving counseling or treatment with a

October 27, 2015
PSH-15-0048 - In the Matter of Personnel Security Hearing

On October 27, 2015, an OHA Administrative Judge issued a decision in which he concluded that an individual’s security clearance should not be restored.  The individual was arrested for driving while intoxicated after she had combined alcohol consumption with prescription medication (including two muscle relaxers).

October 26, 2015
PSH-15-0061 - In the Matter of Personnel Security Hearing

On October 26, 2015, an OHA Administrative Judge issued a decision in which he concluded that an individual’s security clearance should not be restored.  During a security reinvestigation, the individual acknowledged accrual of debt and financial delinquencies due to gambling. The local security office (LSO) subsequently referred the individual to a DOE consulting psychologist who diagnosed the individual with Gambling Disorder, Severe (Persistent, In Early Remission), an illnesses that causes, or may cause a significant defect in the individual’s judgment or reliability.

October 15, 2015
PSH-15-0053 - In the Matter of Personnel Security Hearing

On October 15, 2015, an OHA Administrative Judge issued a decision in which he concluded that an individual’s request for a security clearance should be granted.

October 13, 2015
PSH-15-0060 - In the Matter of Personnel Security Hearing

On October 13, 2015, an OHA Administrative Judge issued a decision in which she determined that an individual should be granted access authorization.  In reaching this determination, the Administrative Judge found that the individual had resolved the security concerns arising from his wife’s undocumented immigrant status and his four minor criminal charges.  At the hearing, the individual presented evidence that he and his wife have hired an attorney to rectify her immigration status.  Based upon this information, the Administrative Judge found that he resolved the security concern regardi

October 8, 2015
PSH-15-0059 - In the Matter of Personnel Security Hearing

On October 8, 2015, an Administrative Judge issued a decision in which he determined that an individual's access authorization should be restored.  The individual was arrested in January 2015 for domestic assault, a charge that was later dismissed.  He admitted, however, that he had been drinking alcohol before the arrest.

October 2, 2015
PSH-15-0054 - In the Matter of Personnel Security Hearing

On October 2, 2015, an OHA Administrative Judge (AJ) issued a decision in which he concluded that the DOE should not restore access authorization to an individual. A DOE Operations Office referred the individual to administrative review citing as security concerns under 10 C.F.R. § 710.8, paragraph (l) the individual’s failure to provide complete and truthful answers during a Personnel Security Interview regarding his 2014 arrest on five counts of Harassment.

September 29, 2015
PSH-15-0058 - In the Matter of Personnel Security Hearing

On September 29, 2015, an OHA Administrative Judge issued a decision in which he determined that an individual’s request for a DOE access authorization should be granted.  The local security office had alleged that the individual’s marriage to an undocumented immigrant for a non-sensitive nation constituted criminal activity and association with a criminal.  Citing Federal court precedent, the Administrative Judge found that, as a general rule, it is not a crime for an undocumented immigrant to remain in the United States, and that cohabitating with an undocumented immigrant does not const

September 24, 2015
PSH-15-0052 - In the Matter of Personnel Security Hearing

On September 24, 2015, an OHA Administrative Judge (AJ) issued a decision in which she concluded that the DOE should not restore access authorization to an individual. A DOE Operations Office referred the individual to administrative review citing as security concerns under 10 C.F.R. § 710.8, paragraphs (f) and (l), the individual’s failure to provide complete and truthful answers on his QNSPs, his financial difficulties, and his criminal background.