Summary
A 35-year-old single male applicant, seeking a public trust position, faced trustworthiness concerns under Guideline F (Financial Considerations) due to approximately $34,000 in financial delinquencies. The Statement of Reasons detailed four specific allegations: a credit card debt of $1,145, a credit account debt of $21,689, another credit card debt of $11,107, and a cell phone account debt of $789. The applicant admitted to these allegations.
Disqualifying conditions under AG ¶ 19(a) and AG ¶ 19(c) were raised. However, the applicant demonstrated significant efforts to resolve his financial issues. He paid off the $1,145 credit card debt in June 2013, resolved the $11,107 credit card debt which he used for daily living expenses, and settled the $789 cell phone account debt for $652. The $21,689 credit account, delinquent since 2008, remained unresolved.
The judge found that the applicant's financial issues were largely due to circumstances beyond his control, specifically citing the housing market crash and unemployment. The applicant also demonstrated a commitment to resolving his remaining debt and maintained stable employment. Mitigating conditions under AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), and AG ¶ 20(d) were applied, leading to the decision to grant the applicant access to sensitive information.
Why the Applicant Prevailed
- The applicant paid off three of the four debts listed in the Statement of Reasons.
- The applicant's financial issues were largely due to circumstances beyond his control, such as the housing market crash and unemployment.
- The applicant demonstrated a commitment to resolving his remaining debt and maintained stable employment.
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)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(c)notedThe Person Has Received or Is Receiving Counseling for the Problem
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“A trustworthiness decision is intended only to resolve the questions of whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to sensitive information.”
Procedural Posture
- SOR issuedMay 30, 2013
- Answer filedJun 26, 2013Applicant requested a decision based on the written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateOct 31, 2013
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Impact of Circumstances Beyond an Applicant's Control on Financial Delinquencies
- Good-faith Efforts to Resolve Debts as a Mitigating Factor