Summary
The applicant, a 39-year-old male with a history of financial difficulties due to his wife's health issues and an automobile accident, sought eligibility for a public trust position under Guideline F (Financial Considerations). Despite accumulating delinquent debts totaling $20,410 between 2009 and 2013, the applicant demonstrated significant progress in resolving these debts and established a stable financial situation, leading to a favorable decision.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The $14,770 judgment is for an unpaid home equity loan Applicant assumed in 2010 and became delinquent in 2012. As of the end of July 2016, the balance is about $5,200. It is being resolved through a garnishment of monthly payments of $185 (1.a). The $753 state tax lien that was entered against Applicant in July 2005 was paid and released in August 2005 (1.b). The $394 debt for car repairs was settled for $194 and paid in July 2016 (1.c). The $2,652 delinquent balance on Applicant’s $147,500 mortgage is resolved. The original mortgage, which became delinquent, was transferred to another mortgagor and became current in August 2015 (1.d). The $766 hospital debt was satisfied through a judgment that was released on December 31, 2014 (1.e). The $291 medical debt is incorporated into the above judgment (1.f). The $236 debt was paid in May 2016. It was a cable box that had not been returned to the company (1.g). The $222 medical debt was paid in July 2016 (1.h). The $212 medical debt was paid in March 2016 (1.i). The $114 medical debt was paid in March 2016 (1.j).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant resolved or is in the process of resolving all delinquent debts; The applicant's financial difficulties were largely due to circumstances beyond his control, including his wife's health issues; The applicant demonstrated responsible financial management and made good-faith efforts to repay debts.
Why the Applicant Prevailed
- The applicant resolved or is in the process of resolving all delinquent debts.
- The applicant's financial difficulties were largely due to circumstances beyond his control, including his wife's health issues.
- The applicant demonstrated responsible financial management and made good-faith efforts to repay debts.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Occurred Under Circumstances Unlikely to Recur
- AG ¶ 20(b)rejectedConditions That Resulted in Financial Problems Were Largely Beyond the Person's ControlThe applicant did not fully demonstrate responsible action under the circumstances.
- AG ¶ 20(c)appliedReceived Counseling for the Problem or Indications That the Problem Is Being Resolved
- AG ¶ 20(d)appliedInitiated a Good-faith Effort to Repay Overdue Creditors or Resolve Debts
Key Rule Quoted
“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”
Procedural Posture
- SOR issuedNov 23, 2015
- Answer filedDec 22, 2015
- Hearing heldJul 11, 2016
- Decision dateAug 30, 2016
Cite For
- Mitigation of Financial Issues Under Guideline F
- Consideration of Circumstances Beyond an Applicant's Control
- Evaluation of Good-faith Efforts in Debt Resolution