Summary
The applicant, a 51-year-old file specialist, faced trustworthiness concerns under Guideline F due to financial issues, including delinquent debts and a vehicle repossession. Despite some debts being paid, the judge found insufficient evidence of financial stability or mitigating circumstances, leading to a denial of eligibility for a public trust position.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: five delinquent medical debts for $137 (1.a). five delinquent medical debts for $68 (1.b). five delinquent medical debts for $69 (1.c). five delinquent medical debts for $155 (1.d). deficiency after vehicle repossession ($9,435) (1.e). five delinquent medical debts for $168 (1.f). insurance company debt for $259 (1.g).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(d), AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(e). The decision turned on the following: The applicant has a history of delinquent debts that are recent and numerous; Insufficient evidence was provided to demonstrate that financial problems were caused by circumstances beyond the applicant's control; The applicant did not present evidence of financial counseling or that her financial issues are under control.
Why the Applicant Was Denied
- The applicant has a history of delinquent debts that are recent and numerous.
- Insufficient evidence was provided to demonstrate that financial problems were caused by circumstances beyond the applicant's control.
- The applicant did not present evidence of financial counseling or that her financial issues are under control.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)rejectedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 20(c)rejectedThe Person Has Received or Is Receiving Counseling for the Problem
- AG ¶ 20(e)rejectedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“A person who seeks access to sensitive information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedFeb 10, 2016
- Answer filedMar 9, 2016
- Hearing held—Decision made on the record without a hearing.
- Decision dateFeb 14, 2017
Cite For
- Evaluation of Financial Considerations Under Guideline F
- Impact of Recent and Numerous Debts on Trustworthiness
- Requirements for Demonstrating Financial Stability and Mitigating Circumstances