if uou resign from a defence contracting company what happens to yr security clearance

What Happens if Your Security Clearance is Suspended or Revoked

Your security clearance tin be suspended or revoked at any fourth dimension. A suspension or revocation tin can occur every bit a event of an incident study or as a result of information discovered during the course of your updated background investigation.

An incident study is a report submitted to the agency notifying it of a adult circumstance which could affect your continued eligibility to concord a security clearance. One instance is being charged with a criminal criminal offense. If this happens, you are required to notify your facility security officer, who is and so required to notify the bureau that granted you lot a clearance. If the agency determines that the comport described in the incident report is sufficient to propose to append or revoke your clearance, it volition send notification to your company notifying you of such.

Department of Defense

If you are a Department of Defense contractor, you lot volition receive what is called a Argument of Reasons (SOR) from the Department of Defense Cardinal Adjudication Facility (DoD CAF). The SOR volition outline the reasons the DoD CAF is proposing to suspend or revoke your clearance and will provide instructions for responding to the proposal. Depending on your clearance level, your response to the SOR will either exist adjudicated (decided) by an adjudicator at the DoD CAF or by an authoritative judge at the Defense Role of Hearings and Appeals (DOHA).

Evaluation past CAF

If your response is evaluated by an adjudicator at the CAF, your response will consist of a detailed written response to the allegations outlined in the SOR. You must admit or deny the allegations.

If you deny the truthfulness of the allegations, you will need to provide a detailed reason and provide any documentation which corroborates your assertions. If you lot admit any of the allegations, you volition need to provide a detailed explanation regarding how the business has been mitigated.

The adjudicator will review your response to the SOR and will return either a favorable or unfavorable arbitrament. If the adjudicator renders an unfavorable adjudication, you lot take the power to appeal to the Personnel Security Appeals Board (PSAB). You tin can either provide a written appeal to the PSAB or you tin can request a personal advent in forepart of a DOHA administrative judge.

If you choose a personal appearance, you will present your instance to the administrative gauge and the judge will return a recommendation, which will be forwarded to the PSAB. The PSAB will review the original SOR, your SOR Response, and the recommendation of the administrative judge and volition make a decision regarding your eligibility for a clearance. The decision by the PSAB is last and cannot be appealed.

Evaluation by Authoritative Guess

If your response is evaluated by an administrative judge, you tin can either request a hearing in front of the approximate or request to provide only a written response to the estimate. If you request a hearing, you will present your example in front end of the judge at a formal hearing. Y'all are entitled to be represented past an attorney. The regime will also be represented past an attorney. The hearing is recorded.

After the guess receives a re-create of the hearing transcript he will review all data collected during the hearing and will return a decision. If you elect to provide a written response, the government chaser will send you the government's arguments as to why yous should not retain your clearance. You will and then provide a written response addressing the government'due south concerns. The judge volition then review all documentation and will make a determination regarding your clearance.

If the judge denies your clearance, you can appeal the decision to the Appeal Board via a written appeal. If you appeal, the government attorney will have the opportunity to submit a reply brief to your appeal brief. The appeal board volition review both briefs and will then render a decision. The decision by the entreatment board is last.

Intelligence Agencies

Almost of the intelligence agencies will ship you an untitled alphabetic character explaining why the agency has revoked your security clearance. You lot will by and large have two levels of appeal with an intelligence agency and are permitted a personal advent in front end of an agency representative at either your beginning level or second level appeal. If you elect a personal advent at the commencement-level appeal, you will non exist able to accept a personal advent at the second-level appeal.

You tin be represented by an attorney at the personal appearance. Like to a written appeal to the CAF, you will acknowledge, deny, explain, and/or mitigate the allegations made against you.

Other Federal Agencies

Other federal agencies have various methods of appealing a interruption or revocation of a clearance. Some merely take ane level of appeal while others have up to three levels of entreatment. Some provide for personal appearances or hearings, while others do not. No affair what method of appeal is provided for, y'all must withal clearly address and mitigate the agency's reasons for suspending or revoking your clearance.

Whether you are responding to an SOR or appearing in front end of a judge, you are entitled to be represented by an attorney. An experienced attorney can assistance you with explaining to the agency how and why any concerns accept been mitigated.

Greg Rinckey, Esq. is the Managing Partner of Tully Rinckey PLLC, 1 of the largest federal sector employment law firms in the country. Mr. Rinckey is a recognized leader in the military and federal employment law sectors. Nicole Smith, Esq., a Tully Rinckey PLLC Acquaintance, represents government employees and contractors in a wide range of security clearance matters, to include providing security clearance application help and working with clients going through appeals processes for denials, revocations and suspensions. Ms. Smith spent nine years as a national security background investigator.

This entry was posted on Midweek, October 01, 2014 vii:00 am

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