Summary
A 30-year-old federal health care administrator was denied eligibility for a public trust position due to financial considerations under Guideline F. The Statement of Reasons detailed nine specific delinquent debts. These included a $276 cable bill from 2007, two cell phone bills for $168 and $198 referred for collection in 2011 and 2007 respectively, and an overdrawn checking account for $1,597 from 2008.
Further allegations involved a car loan opened in 2003 and charged off for $5,721 in 2008, a $54 bad check to a tire shop from 2007, and a loan for $7,188 that was more than 120 days past due. An auto towing bill for $901 from 2005 and a $2,282 judgment filed in 2010 were also cited. Disqualifying conditions AG ¶ 19(a) and AG ¶ 19(c) were raised, while mitigating conditions AG ¶ 20(a) through AG ¶ 20(e) were considered.
Despite the applicant's claims of health-related financial difficulties, the judge found insufficient evidence of responsible actions to resolve her debts. The denial was based on the applicant's numerous ongoing delinquent debts, her failure to provide a credible plan to address her financial issues, and a lack of demonstrated good faith efforts to repay her debts or seek financial counseling.
Why the Applicant Was Denied
- The applicant has numerous ongoing delinquent debts that she has not resolved.
- She failed to provide evidence of a credible plan to address her financial issues.
- The applicant did not demonstrate good faith efforts to repay her debts or seek financial counseling.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)rejectedBehavior Happened so Long Ago, Was Infrequent, or Unlikely to RecurThe applicant's delinquent debts are numerous and ongoing.
- AG ¶ 20(b)rejectedConditions Beyond the Person's ControlThe applicant did not provide evidence of responsible actions regarding her employment situation.
- AG ¶ 20(c)rejectedReceived Counseling for the ProblemThe applicant submitted no evidence of financial counseling.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay Overdue CreditorsThe applicant's promises to pay were not substantiated by a track record of timely payments.
- AG ¶ 20(e)rejectedReasonable Basis to Dispute Legitimacy of DebtThe applicant did not document her dispute of the 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 issuedApr 12, 2013
- Answer filedMay 8, 2013
- Hearing held—Decision made on the record without a hearing.
- Decision dateDec 9, 2013
Cite For
- Trustworthiness Concerns Under Guideline F Due to Financial Issues
- Insufficient Evidence of Responsible Actions to Resolve Debts
- Good Faith Efforts to Repay Debts Not Substantiated by a Track Record of Payments