Yes, you can appeal an initial denial or revocation of a security clearance but the process differs for government contractor employees and federal employees. When a government contractor receives a Statement of Reasons (SOR), s/he may choose to have an Administrative Judge issue a decision based upon the administrative record or request a hearing before an Administrative Judge. After the government contractor either submits an Answer or submits an Answer/presents his or her case at a hearing, the Administrative Judge issues a written decision whether it is clearly consistent with the national interest to grant or continue a security clearance for the applicant. If the Administrative Judge finds that it is not consistent, the applicant may appeal the decision by filing a written notice of appeal within fifteen (15) days. If a timely notice of appeal is filed, the applicant must submit a written appeal brief within forty-five (45) days of the decision. To be successful, the applicant must show that harmful error occurred.
Federal employees, however, must submit a written response to an SOR. If the adjudicators decide to deny or revoke the subject’s eligibility for access to classified information, the subject will have the option to appeal without a personal appearance by providing a written statement within thirty (30) days of receiving the denial or revocation, or appeal with a personal appearance by submitting a Notice of Intent to Appeal within ten (10) days of receiving the denial/revocation. An Administrative Judge will issue a decision.
Subjects/applicants may reapply for a clearance after one (1) year has passed from the date of the denial/revocation with the command’s/employer’s request and sponsorship.
Justyn Ann Baxley is a Partner with JAG Defense. Her practice primarily focuses on security clearance law and administrative law. As a security clearance lawyer, Ms. Baxley has represented hundreds of individuals in security clearance adjudications across virtually every federal agency, to include the Department of Defense, the Department of Homeland Security, the Department of Energy, the National Security Agency, NASA, and others.
