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If you believe that you may have clearance problems, and will need to apply for, or renew a clearance in the future, or have been recently denied a clearance, please call Kenneth M. Roberts, Esq. , Lt. Col., USAF (Ret.) at (702) 388-1216 for a confidential consultation.  

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DEMPSEY, ROBERTS & SMITH, LTD.
520 South Fourth Street, Suite 360
Las Vegas, Nevada 89101

(702) 388-1216

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Security Lawyer Information:

1. Q&A Background

    "... refute negative or unclear information that could influence their clearance decision. Once you have a security clearance, and the need for it continues, ..."
    www.opm.gov/extra/investigate/security-clearance.asp
2. Significant Cases-February 2001-Page 4
    "COURT DECISIONS. WHISTLEBLOWING ... JURISDICTION ... SECURITY CLEARANCES. Rayburn F. Hesse v. Department of State, No. 99-3387 (Fed. Cir., July 6, 2000). ..."
    www.opm.gov/lmr/sc/139/139_4.asp
3. Getting a Security Clearance... In a Nutshell
    "When you need access to classified national security information… ... refute negative or unclear information that could influence their clearance decision. ..."
    www.wasc.noaa.gov/wrso/security-clearance.htm
4. Chapter 12 - Access to National Security Information
    "A security clearance is an indication that a decision of trustworthiness has been made and has been. granted by the Director for Securityin accordance with ..."
    www.wasc.noaa.gov/wrso/securitymanual/Section%20II%20-%20Chapter%2012.pdf
5. FAQs
    "Security clearances only apply to positions that fall under the purview of the ... initiated a goal to render a security clearance decision in 90 days. ..."
    www.state.gov/m/ds/clearances/c10977.htm
6. All About Security Clearances
    "... may delay a decision or result in a denial of a security clearance for a ... Learn more about the security clearance process by reviewing our FAQs on ..."
    www.state.gov/m/ds/clearances/c10978.htm
7. RCED-89-34 Nuclear Security: DOE Actions to Improve the Personnel ...
    "and efficiency of personnel security clearance decisions. Specifically, ... decision-making process for security clearances are now in progress. A ..."
    www.gao.gov/cgi-bin/getrpt?RCED-89-34
8. NSIAD-92-99 Security Clearances: Due Process for Denials and ...
    "notified of the reason or reasons for an unfavorable clearance decision, ... and retention of security clearances. According to the GAO, however, ..."
    www.gao.gov/cgi-bin/getrpt?GAO/NSIAD-92-99
9. SCHULTE, E. RICHARD - DE030403I2 - Opinion and Order
    "... a final decision on his appeal of the revocation of his security clearance. ... receives notification of the final decision on his security clearance. ..."
    www.mspb.gov/decisions/2005/schulte_de030403i2.html
10. RAYBURN F. HESSE v. DEPARTMENT OF STATE, DC-0752-97-1079-I-1
    "The appellant alleged that the agency suspended his security clearance and ... revocation, or suspension of a security clearance. Initial Decision at 2-4; ..."
    www.mspb.gov/decisions/1999/dc079rho.html
11. USv Schmidt
    "Appellant, who currently holds a security clearance, wishes to discuss with his ... The decision of the United States Air Force Court of Criminal Appeals is ..."
    www.armfor.uscourts.gov/opinions/2004Term/04-8016.htm
12. USv Schmidt
    "Appellant, who currently holds a security clearance, wishes to ... Appellant sought review in this Court of the decision by. the Court of Criminal Appeals. ..."
    www.armfor.uscourts.gov/opinions/2004Term/04-8016.pdf
13. HHS Transmittal 98
    "90 Security Clearances - Access to Classified Information ... have a security clearance, and an unfavorable decision could result in a clearance suspension, ..."
    www.hhs.gov/ohr/manual/98_1.doc
14. HHS Transmittal 98.1 Page 1 Personnel Manual Issue Date: January 8 ...
    "security clearances for access to classified national security ... unfavorable decision could result in a clearance suspension, revocation, or other ..."
    www.hhs.gov/ohr/manual/98_1.pdf
15. 57:0699(145)NG - IFPTE Local 3 and Navy, Norfolk Naval Shipyard ...
    "1990) (court refused to review merits of an agency decision to revoke the security clearance of a government contractor based upon Egan). ..."
    www.flra.gov/decisions/v57/57-145.html
16. 39:0286(21)AR - - DOD, Defense Mapping Agency Aerospace Center, St ...
    "v39 p286 ] 39:0286(21)AR The decision of the Authority follows: ... POLICY WHEN SECURITY CLEARANCE/ACCESS IS REVOKED. 1. The procedure set forth in DoD ..."
    www.flra.gov/decisions/v39/39-021-4.html
17. NASA Security - Security Awareness
    "Who decides whether a security clearance will be granted? ... both favorable and unfavorable information) in making the clearance decision. ..."
    www.hq.nasa.gov/office/ospp/faq/faq_sm_adjud.html
18. BASIC SECURITY REQUIREMENTS
    "Such contracts will require facility and personnel security clearances and, ... The decision to grant or deny an Access Authorization is based on the ..."
    professionals.pr.doe.gov/ma5/MA-5Web.nsf/Web+Attachments/DOE+SECURITY+BROCHURE+INSIDE/$File/DOE+SECURITY+BROCHURE+INSIDE.doc
19. US Senator John McCain
    "MCCAIN DEMANDS ANSWERS FROM COMMERCE ON TEAMSTERS PRESIDENT SECURITY CLEARANCE ... fact provided with a clearance and the justification for that decision. ..."
    mccain.senate.gov/index.cfm?fuseaction=Newscenter.ViewPressRelease&Content_id=1062
20. National Security Position Survey Manual Handbook 440-7-H Chapter 3
    "NATIONAL SECURITY CLEARANCES AND BACKGROUND INVESTIGATIONS FOR CONTRACTORS, ... The decision made by the Security Management Office shall be final. ..."
    www.usgs.gov/usgs-manual/handbook/hb/440-7-h/440-7-h-ch3.html
21. National Security Position Survey Manual Handbook 440-7-H Appendix ...
    "Security Clearance Determination. An administrative decision which assesses the potential risks involved in granting an individual access to classified ..."
    www.usgs.gov/usgs-manual/handbook/hb/440-7-h/440-7-h-appa.html
22. October 19, 1989
    "The standards for security clearances referred to in the first section of ... for the review of a decision to deny or withdraw a security clearance and, ..."
    thomas.loc.gov/cgi-bin/query/z?c101:H.+Res.+269:
23. THIS SEARCH THIS DOCUMENT THIS CR ISSUE GO TO Next Hit Forward ...
    "Of course, no one has a right to a security clearance. ... Some of the more outrageous decisions in my collection of cases were made by appeals boards. ..."
    thomas.loc.gov/cgi-bin/query/z?r101:E06MR9-26:
24. EEOICP Decisions: Subcontractors
    "In order to view a particular decision in its entirety, ... Security clearance card issued to employee of General Telephone Company to work at Portsmouth ..."
    www.dol.gov/esa/regs/compliance/owcp/eeoicp/Decisions/GenericDecisions/HeadNotes/DecisionSubcontractors.htm
25. EEOICP Decision 55317-2004--20040921
    "However, DOE did obtain a security clearance card, which indicated that you were ... On June 8, 2004, the district office issued a recommended decision, ..."
    www.dol.gov/esa/regs/compliance/owcp/eeoicp/Decisions/GenericDecisions/DecisionsRef/55317-2004--20040921.asp
26. DOE SECURITY REQUIREMENTS FOR SMALL BUSINESS
    "personnel security clearances, and guidance on other. aspects of the program. DOE evaluates the ... The decision to grant or deny an Access ..."
    www.pnl.gov/isrc/pdf/sm_busi_contractors.pdf
27. 10 CFR Part 95--Facility Security Clearance and Safeguarding of ...
    "95.21 Withdrawal of requests for facility security clearance. ... (3) Persons who challenge classification decisions have the right to appeal the ..."
    www.nrc.gov/reading-rm/doc-collections/cfr/part095/full-text.html
28. POLICY ISSUE
    "process for obtaining security clearances for Nevada representatives. ... decision on the LA within 3 years of its submission. See NWPA § 114(d), 42 USC ..."
    www.nrc.gov/reading-rm/doc-collections/commission/secys/2004/secy2004-0140/2004-0140scy.pdf
29. JOHN F. DESMOND V. DEPARTMENT OF DEFENSE No. 90-6118 In The ...
    "Petitioner said that he was unaware that a security clearance was ... App., MSPB Decision 2. If a clearance was required, petitioner claimed that it was a ..."
    www.usdoj.gov/osg/briefs/1990/sg900514.txt
30. THOMAS W. HILL, PETITIONER V. DEPARTMENT OF THE AIR FORCE, PAUL S ...
    "... that the MSPB may not review a decision to deny or revoke a security clearance, ... As the court noted (id. at 53), if the security clearance petitioner ..."
    www.usdoj.gov/osg/briefs/1988/sg880445.txt
31. Department of the Interior
    "Only those facility and personnel security clearances granted by the ... When a decision under Section 9 of Executive Order 10865 may be warranted, ..."
    elips.doi.gov/elips/release/1968.htm
32. Department of the Interior Departmental Manual Effective Date: 3/4 ...
    "If granting or continuing a security clearance of a specific category in an Interior ... When a decision under Section 9 of Executive Order 10865 may be ..."
    elips.doi.gov/elips/wp_docs/1968.wp
33. ADS 567 - Classified Contracts, Grants, Cooperative Agreements ...
    "(2) Receiving written and hearing personal replies to decisions of ... Contractor/recipient personnel with security clearances are subject to the same ..."
    www.usaid.gov/policy/ads/500/567.pdf
34. ADS 566 - US Direct-Hire and PASA/RSSA Personnel Security Program
    "or Top Secret security clearance. The references listed under 566.4.1 establish the ... prior to a decision to grant the clearance or initiate the clearance ..."
    www.usaid.gov/policy/ads/500/566.pdf
35. Denial Access to National Security Information
    "Whenever a decision is made to suspend an employee’s security clearance for access to classified information or assignment to sensitive duties, ..."
    www.ocio.usda.gov/directives/files/dr/DR4600-002.htm


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