Summary
The applicant, a 33-year-old woman with a history of financial problems since 2008, faced trustworthiness concerns under Guideline F due to 15 delinquent debts totaling $37,684. Despite some efforts to address certain debts, the applicant failed to provide sufficient evidence of overall financial responsibility, leading to the denial of her eligibility for a public trust position.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: defaulted student loans alleged in SOR ¶¶ 1.g ($113) and 1.h ($70) had been resolved in July 2015 (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(b), AG ¶ 20(d). The decision turned on the following: The applicant has a history of financial problems that began in 2008 and continues to date; She failed to provide evidence of credit or financial counseling or a budget to manage her debts; The applicant did not demonstrate that her financial problems are unlikely to continue or that her reliability and trustworthiness are not in question.
Why the Applicant Was Denied
- The applicant has a history of financial problems that began in 2008 and continues to date.
- She failed to provide evidence of credit or financial counseling or a budget to manage her debts.
- The applicant did not demonstrate that her financial problems are unlikely to continue or that her reliability and trustworthiness are not in question.
Conditions Referenced
- AG ¶ 19(a)appliedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)appliedHistory of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's ControlThe applicant provided some evidence that the delinquent debts may have arisen during periods of unemployment.
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue CreditorsThe applicant made a good-faith effort to resolve two student loans.
Key Rule Quoted
“Failure or inability 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 [sensitive] information.”
Procedural Posture
- SOR issuedMar 17, 2016
- Answer filedApr 18, 2016Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateMay 8, 2017
Cite For
- Denial of Eligibility Due to Ongoing Financial Problems Under Guideline F
- Failure to Provide Sufficient Evidence of Financial Responsibility
- Consideration of the Whole-person Concept in Trustworthiness Determinations