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Contact
Kenneth Roberts, Esq. for a free Security Clearance Law consultation
Security Clearance Lawyer
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.
Security Clearance Law Frequently Asked Questions:
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These FAQs are provided solely for informational purposes. Nothing in
these FAQs affects, replaces or supersedes any provision of law
applicable to industrial security clearance cases.
1. What is the difference between industrial security clearance cases
and personal appearance cases?
An industrial security clearance case involves the adjudication of the
security eligibility of officers and employees of defense contractors
under Executive Order 10865 and DoD Directive 5220.6.
A personal appearance case involves the adjudication of the security
eligibility of military personnel and civilian employees of the
Department of Defense under Executive Order 12968 and DoD Regulation
5200.2-R.
2. What procedures are used for industrial security clearance hearings
and appeals?
The procedures for industrial security clearance hearings and appeals
are set forth in DoD Directive 5220.6, with details appearing in the
Additional Procedural Guidance portion of that Directive. The DOHA
Hearing Office also sends to applicants a copy of Prehearing Guidance
for DOHA Hearings. When the Appeal Board receives a timely notice of
appeal, it sends to the parties a copy of Appeal Instructions. The
Prehearing Guidance for DOHA Hearings and the Appeal Instructions do
not replace or supersede the provisions of the Directive, they merely
supplement the Directive's provisions.
3. What do the industrial security case numbers mean?
Each case received by DOHA is assigned a case number. The first two
digits of the case number reflect the calendar year in which the case
was received. The rest of the digits reflect the order in which the
case was received by DOHA. For example, the first case received by
DOHA in 1997 was assigned 97-0001, the second case was assigned
97-0002, the third case was assigned 97-0003, and so on.
4. Why do there seem to be "gaps" in the case numbers of industrial
security clearance decisions?
Not all industrial security clearance cases result in a decision being
written. Some cases are adjudicated favorably (i.e., the person is
granted a security clearance). Some of the cases are withdrawn when
security clearance is no longer required or the applicant terminates
employment. Other cases are defaulted when the applicant fails to
respond to the Statement of Reasons. None of the cases closed out by
this stage result in written decisions. Only cases adjudicated by
DOHA Administrative Judges in the Hearing Office result in written
decisions, some of which are appealed to the DOHA Appeal Board.
5. Why are there fewer Appeal Board decisions than Hearing Office
decisions?
Of the industrial security cases adjudicated by the Hearing Office,
only about 25-33% (sometimes fewer) are appealed to the DOHA Appeal
Board. Some of the appeals are withdrawn by the appealing party or
are closed out by default. Only appeals that result in a written
decision by the Appeal Board are posted on the DOHA Web site.
6. Industrial security decisions are listed with case numbers that
include endings such as ".a1", ".a2", ".h1", and .h2". What is the
meaning of those endings?
The endings were added to the digital copies of the decisions so the
computer would distinguish between different Hearing Office and Appeal
Board decisions in the same case. Decisions ending with ".h [number]"
were issued by the Hearing Office. Decisions ending with ".a
[number]" were issued by the Appeal Board. The number indicates the
number of times the Hearing Office or Appeal Board issued decisions in
the case. Multiple decisions in a case occur when the Appeal Board
remands the case to the Hearing Office and the Administrative Judge
issues a new decision in the case. If the new decision is appealed,
it may result in another Appeal Board decision.
This information is from the DOHA article
Frequently Asked
Questions
Industrial Security Program
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A Security Clearance Lawyer Can Assist You With The Following:
DEMPSEY, ROBERTS & SMITH, LTD. 520 South Fourth Street, Suite 360 Las Vegas, Nevada 89101
(702) 388-1216
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