What Does the US DOHA Do?

Oct. 25, 2011 - PRLog -- About the US  Defense Office of Hearings and Appeals (DOHA)

The Defense Industrial Security Clearance Office (DISCO) is the part of the Defense Security Service (DSS) which processes personnel security clearance applications for the Department of Defense (DoD) and about 23 other federal agencies. If DISCO doesn’t recommend security clearance, the case is referred to the US Defense Office of Hearing and Appeals (DOHA) for further review.

If DISCO recommends against security clearance, it sends DOHA a Statement of Reasons (SOR) for its decision. The SOR is then sent to the applicant, who can rebut the SOR either in writing or through a hearing request. If a person feels the SOR is in error, or the facts were not interpreted correctly, the applicant can – and should – appeal the decision. Of the approximately 35,000 to 40,000 cases DOHA receives each year, it overturns about 96 percent of DISCO’s recommended denials.

A person who chooses to appeal the decision that he or she be denied security clearance must send a written rebuttal to DOHA within 20 days. Applicants may request an extension of time, but they must show good cause for doing so. The applicant’s written rebuttal must admit or deny each allegation in the SOR and provide detailed information that supports the applicant’s position.

The DOHA will then send the applicant a File of Relevant Materials (FORM), which contains all of the documents used in making the decision. The applicant has 30 days to object, rebut, mitigate or explain the items in the FORM. The appeal may stop at this point if the DOHA agrees with the applicant and orders DISCO to grant or continue security clearance. Otherwise, the case will be assigned to a DOHA Administrative Judge (AJ), who will consider the case with or without a hearing.

DOHA Hearings

Either the applicant or his/her legal representative can request a hearing. In many cases, the AJ is the only government representative at the hearing. However, Department Counsel may be there to support the government’s case against granting or continuing an applicant’s security clearance.

The AJ will already have the applicant’s case file supporting DISCO’s case for denying security clearance. The applicant may submit documents to counter what is in that file, as well as invite witnesses to speak on the his or her behalf. The Department Counsel, if present, also has the right to bring witnesses to advocate in support of the government’s position. Applicants, their legal counsel, the AJ and the Department Counsel all have the right to question witnesses, regardless of the side they are there to represent.

It is important to note that it is the applicant’s responsibility to arrange for legal representation and the presence of witnesses on his/her behalf. The AJ will not postpone a hearing simply to allow an applicant more time to locate and secure an attorney or critical witness. Remember, the AJ does not have subpoena power, and the Department Counsel is not obligated to provide assistance in obtaining witnesses on the applicant’s  behalf. If a witness cannot be present, the applicant can offer written testimony. A simply signed and dated letter is sufficient, but a notarized affidavit usually carries more weight.

DOHA Decisions and Appeals

At the end of the proceeding, the applicant or his/her legal representative will be asked to sum up the case for granting security clearance. The Department Counsel (if one is present) will be given the opportunity to summarize the opposing point of view. The AJ will then prepare a recommended decision, along with a record of the case, to the Personnel Security Appeals Board (PSAB), who can adopt, reverse or modify the AJ’s decision. Applicant’s can appeal this decision to the DOHA Appeals Board within 15 days. In the vast majority of cases, the DOHA Appeals Board will affirm clearance denials.

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The Edmunds Law Firm has been representing clients for over 30 years in the areas of divorce, family law, child custody matters, military law and military discharges.