Federal employees and military personnel have the right to appear in person before an administrative judge in a hearing (or other security clearance adjudicator) and respond to the allegations in the SOR. Following your written response, hearing or personal appearance, the administrative judge or adjudicator will issue a recommended decision to the Federal Agency’s Personnel Security Appeals Board (PSAB), which will issue the final determination on the federal employee’s security clearance.
Department of Defense military and civilian personnel have their personnel security investigations adjudicated (evaluated) by the DoD Consolidated Adjudications Facility (CAF). Federal Agencies and the DoD CAF use the thirteen National Security Adjudicative Guidelines (issued in June 2017) to make a favorable or unfavorable determination. An applicant, employee or military member who receives a notice of revocation or denial of their security clearance from the DoD CAF can appeal the decision to the PSAB of the military service branch or to the Defense Office of Hearing and Appeals (DOHA). DOHA is the legal organization that manages each case. Applicants and employees that receive a notice from their Security Office appeal the decision to their agency
Government contractors in DoD casesthat have either been denied or revoked have the right to a hearing before a DOHA administrative judge. In cases involving DoD government contractors, the administrative judge will issue the security clearance decision. A contractor then has a right to appeal an adverse decision to the DOHA Appeal Board which can affirm or reverse a DOHA clearance decision.
The DoD CAF does not determine the security clearance eligibility of defense Intelligence Community (IC) agencies (i.e. NSA, DIA NGA and NRO). These IC agencies have their own Clearance Adjudication Facility (or Personnel Security Office). However, the individual’s legal rights are the same; and, as of June 2017 the same National Security Adjudicative Guidelines apply to Intelligence Community employees. Long Law Firm can represent IC employees and applicants before any of the 17 Federal intelligence organizations, such as those mentioned above and including the ODNI, CIA, and elements of the Army, Navy, Marine Corps, Air Force, FBI, DEA, Energy, DHS, US Coast Guard, State Department and Treasury.
Long Law Firm can represent you throughout the process, including for personal appearances and during your Appeal whether at a Federal Agency Security Appeals Board/Panel, the DoD PSAB or DOHA.
