Summary
A 36-year-old licensed practical nurse was denied eligibility for a public trust position due to financial considerations under Guideline F. The Statement of Reasons alleged 18 delinquent debts totaling approximately $37,366, all of which the applicant admitted.
Disqualifying conditions were raised, including a history of not meeting financial obligations, an inability or unwillingness to satisfy debts, and a pattern of financial irresponsibility. While mitigating conditions such as the debts not being recent, the applicant demonstrating a good-faith effort, or the conditions being largely beyond the applicant's control were considered, they were not found to apply.
The denial was based on the applicant's admitted delinquent debts and the insufficient evidence presented to demonstrate a good-faith effort to resolve them. The applicant also failed to provide evidence of financial counseling or a clear plan to address the outstanding obligations.
Why the Applicant Was Denied
- The applicant admitted to 18 delinquent debts totaling approximately $37,366.
- Insufficient evidence was presented to demonstrate a good-faith effort to resolve the debts.
- The applicant did not provide evidence of financial counseling or a clear plan to address the debts.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)rejectedBehavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(c)rejectedReceived or Is Receiving Financial Counseling
- AG ¶ 20(d)rejectedInitiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors
- AG ¶ 20(e)rejectedHas a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“Failure to live within one's means, satisfy debts, and meet financial obligations may indicate poor self-control, lack of judgment, or unwillingness to abide by rules and regulations, all of which can raise questions about an individual's reliability, trustworthiness, and ability to protect classified or sensitive information.”
Procedural Posture
- SOR issuedNov 20, 2017
- Answer filedFeb 16, 2018
- Hearing held—Decision on remand issued after appeal.
- Decision dateJan 4, 2019
Cite For
- Insufficient Evidence to Mitigate Financial Issues Under Guideline F
- Impact of Delinquent Debts on Trustworthiness Determinations
- Criteria for Evaluating Financial Considerations in Security Clearance Cases