DOE Administrative Actions

1. Administrative Review

   A DOE formal hearing of questions concerning an individual's eligibility for continued or initial clearance when such questions cannot be favorably resolved by interview or other action.
• Occurs after a current clearance suspension or before an initial clearance is granted.
• DOE Albuquerque sends a letter to the individual asking if he/she wants an administrative review. The individual has twenty days to respond to the letter.
• The administrative review hearing is scheduled through DOE/LAAO and is held at the Los Alamos DOE building.
• The manager participates in the hearing by describing the cleared position and the need for the person to continue in that job.
• The individual may ask witnesses to testify on his/her behalf and may have a lawyer at the hearing.
• The hearing officer is hired by DOE but is not a DOE employee.
• The results of the hearing are sent to DOE Headquarters for a final decision.

2. Administrative Termination

   A clearance termination by DOE that does not include a DOE Administrative Review. It usually occurs if vital information necessary for a decision on a clearance continuation is not received from the clearance holder or if the clearance holder is unable to meet requirements of a drug or alcohol certification.
• Individual is asked by DOE to supply information. The individual, after several requests from DOE, either refuses to supply the information or does not respond to the request.
• DOE management concurs that the individual's clearance should be administratively terminated - DOE sends notification to S-6, Clearance Processing.
• The Clearance Processing Team Leader meets with the individual and his/her management to inform them of DOE's decision and to remove the cleared badge.
• If the individual then supplies the missing information, DOE determines if the clearance can be reinstated.
• Individuals whose clearance has been administratively terminated by DOE because of missing information may be escorted into cleared areas following the normal rules for anyone who is uncleared.

3. Administrative Termination: Drug or Alcohol Certification

   A DOE decision not to grant a clearance after an initial request and an administrative review.
• A cleared employee with past usage of drugs or usage of alcohol to excess may be asked to sign a certification stating that the individual will not use drugs and/or that the individual will not use alcohol to excess.
• If DOE receives proof that the individual has returned to either drug usage or excessive alcohol usage, DOE administratively terminates the clearance with no Administrative Review.

4. Denial

   A DOE decision not to grant a clearance after an initial request and an administrative review.
• DOE receives sufficient information that an individual applying for a clearance may not meet the criteria for receiving a clearance.
• An Administrative Review is held to determine if DOE is correct in their assessment.
• If, as a result of the hearing, DOE determines that the individual should not be granted a clearance, the individual is notified by DOE that his/her clearance request has been denied.
• DOE also notifies the Clearance Processing Team Leader, who in turn notifies the manager.
• An individual denied a clearance cannot be escorted into a cleared area.

5. Revocation:

   A DOE permanent denial for the individual to hold a clearance usually after an Administrative Review or after the individual has refused to participate in an Administrative Review.
• Occurs if an individual declines the Administrative Review, or after an unfavorable determination from an Administrative Review.
• DOE Headquarters determines that the clearance should be revoked and notifies DOE Albuquerque.
• DOE Albuquerque notifies the individual and the Clearance Processing Team Leader who notifies the manager.
• The individual cannot be escorted into cleared areas.

6. Suspension:

   The temporary denial by DOE of access to cleared information or areas while an individual undergoes an Administrative Review.
• DOE Albuquerque notifies the Clearance Processing Team Leader of the suspension.
• The Team Leader notifies the manager and sets a meeting time, usually within an hour of the original notification, to meet with the individual and the manager.
• The Team Leader informs the individual of the suspension, takes the cleared badge and escorts the individual to the Badge Office for an uncleared badge.
• The manager signs a form stating that the individual will not escorted into any cleared areas.
• If the individual's office is in a cleared area, the individual may be closely escorted one time to his/her office to collect personal items.
• The employee is placed in an uncleared position or if none is available, the manager refers the employee to HR-8 to try to locate an uncleared position.

7. Restoration

• An individual's clearance can be restored because needed information was supplied to DOE (Administrative termination).
• An individual's clearance can be restored after a favorable determination from the Administrative Review.
• A clearance can be restored through re-submittal of a clearance package with proof of reformation (reconsideration).