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August 13, 2013
PSH-13-0026 - In the Matter of Personnel Security

On August 13, 2013, an OHA Hearing Officer issued a Decision in which she concluded that an individual’s suspended DOE access authorization should not be restored.  A DOE Operations Office suspended the individual’s security clearance and referred him to administrative review under 10 C.F.R.

August 9, 2013
PSH-13-0050 - In the Matter of Personnel Security Hearing

On August 9, 2013, an OHA Hearing Officer issued a decision in which he determined that the DOE should restore an individual’s access authorization.  As security concerns under Criterion F of 10 CFR Part 710, a Local Security Office (LSO) cited the individual’s inconsistent statements regarding his use of marijuana over 30 years ago.  After considering all the evidence, the Hearing Officer found that the inconsistent statements did not concern deliberate misrepresentations of significant information.

William Schwartz - Hearing Officer

July 31, 2013
PSH-13-0033 - In the Matter of Personnel Security

On July 31, 2013, an OHA Hearing Officer issued a decision in which he concluded that a security clearance should not be granted to an individual.  The individual disclosed during his background investigation that in 2005-06 he had been charged for battery as a result of a dispute with a neighbor, domestic violence as a result of an altercation with his then-wife, and driving under the influence of alcohol. Beginning in 2007, the individual had separately attended court-mandated domestic violence counseling and alcohol treatment programs.

July 26, 2013
PSH-13-0044 - In the Matter of Personnel Security Hearing

On July 26 2013, an OHA Hearing Officer issued a decision in which she concluded that an individual’s security clearance should not be restored.  In November and December 2012, as part of a background investigation, the local security Office (LSO) conducted a Personnel Security Interview (PSI) of the individual to address concerns about the individual’s pattern of criminal conduct.  The individual’s behavior raised security concerns under Criterion L.  After conducting a hearing and evaluating the documentary and testimonial evidence, the Hearing Officer found that the individual had not p

July 25, 2013
PSH-13-0040 - In the Matter of Personnel Security

On July 25, 2013, an OHA Hearing Officer issued a decision in which she concluded that an individual’s security clearance should be restored.  In January 2013, as part of a background investigation, the local security Office (LSO) conducted a Personnel Security Interview (PSI) of the individual to address concerns about the individual’ falsifications and drug use.  The individual’s behavior raised security concerns under Criteria F, K and L.  After conducting a hearing and evaluating the documentary and testimonial evidence, the Hearing Officer found that the individual had presented suffi

July 25, 2013
PSH-13-0037 - In the Matter of Personnel Security

On July 25, 2013, an OHA Hearing Officer issued a decision in which he concluded that an individual’s security clearance should not be restored.  A Local Security Office began an investigation of an individual’s eligibility for access authorization after the individual was arrested for “public nuisance,” having fallen asleep along the side of a building while intoxicated and partially undressed.

July 17, 2013
PSH-13-0012 - In the Matter of Personnel Security Hearing

On July 17, 2013, an OHA Hearing Officer issued a decision in which he concluded that an individual should be granted authorization access.  When the individual was 17 years old (2007), he was diagnosed with sudden onset diabetes (Type 1 – Insulin Dependent). While hospitalized to stabilize his diabetes, he was diagnosed with Adjustment Disorder NOS.  Three months later, immediately following a traumatic telephone call with his girlfriend, he ingested a handful of over-the-counter medication in a suicide attempt.

July 16, 2013
PSH-13-0046 - In the Matter of Personnel Security Hearing

On July 16, 2013, an OHA Hearing Officer issued a decision in which he determined that the DOE should not restore an individual’s access authorization.  As security concerns under Criterion L of 10 CFR Part 710, a Local Security Office (LSO) cited the individual’s failure to pay federal and state income taxes for most years from 2002 through 2011, which demonstrated a pattern of financial irresponsibility.  The Hearing Officer found that the individual had resolved these concerns with respect to his state tax delinquency, as he had paid the state what he owed and was now current on his sta

July 15, 2013
PSH-13-0053 - In the Matter of Personnel Security Hearing

On July 15, 2013, a Hearing Officer issued a Decision in which he determined that an individual should not have an access authorization granted to him. In reaching this determination, the Hearing Officer found that the individual had resolved security concerns regarding financial irresponsibility under Criterion L associated with 14 delinquent credit accounts, a 2005 bankruptcy, a 1995 arrest for stealing a credit card, termination from three positions for failure to follow company rules, and marriage to an undocumented alien.

July 15, 2013
PSH-13-0045 - In the Matter of Personnel Security Hearing

On July 15, 2013, an OHA Hearing Officer issued a decision in which he determined that the DOE should grant an individual access authorization.  As security concerns under Criterion L of 10 CFR Part 710, a Local Security Office (LSO) cited the individual’s dual citizenship, his holding a passport issued by his country of birth and substantial investments maintained in that country, and his availing himself of benefits available to citizens of that country.  The Hearing Officer found that the individual had resolved these concerns:  the individual was willing to relinquish his foreign citiz