Fed Court Upholds Clearance Suspension

A Federal appellate court has upheld an administrative judge’s determination that an employee whose security clearance was suspended was legally removed from his job. The court found that the government had provided minimum due process in notifying the employee in writing of its reasons for suspending his clearance. Notably, the court determined that the employee’s oral reply and submission of documents constituted a sufficent response as allowed under law.

The case is Dey v. Nuclear Regulatory Commission, U.S. Court of Appeals for the Federal Circuit, No. 2007-3308, January 14, 2008

Filed Under: Laws & Regulations, Adverse Actions, Commercial Services