On May 30, 2013, an OHA Hearing Officer issued a Decision in which she determined that an Individual’s access authorization should not be restored. In reaching this determination, the Hearing Officer found that the Individual had not resolved the security concerns arising from his alcohol use. A DOE psychologist diagnosed the Individual as suffering from alcohol abuse. In addition, the Individual had a number of alcohol-related arrests. The Local Security Office (LSO) raised security concerns related to the diagnosis and arrests under Criteria H and J of the Part 710 regulations. It also raised security concerns related to the arrests under Criterion L of the regulations. The Individual showed that he is attending an outpatient treatment program from his alcohol use but, as of the date of the hearing, had not finished that program. The DOE psychologist testified that the Individual has shown positive progress but has only been abstinent for five months. The DOE psychologist wanted to see nine months of abstinence. The Hearing Officer found that the Individual had not mitigated the concerns because his behavior was recent, the Individual has not completed his treatment program, and five months of abstinence was not a sufficient pattern of abstinence. In addition, since the Individual’s arrests were alcohol related and his alcohol disorder is not sufficiently resolved, the concerns about the individual’s judgment, reliability, and trustworthiness under Criterion L remained unresolved. Therefore, the Hearing Officer concluded that the Individual’s access authorization should not be restored.
Janet Fishman - Hearing Officer