When government contractors receive a Statement of Reasons, they are given a choice whether to elect for a hearing before an Administrative Judge or have an Administrative Judge issue a decision based on the written record. Once that election is made and an applicant’s response has been submitted, Department Counsel (a trial attorney employed by the Department of Hearings and Appeals (DOHA)) is assigned to the case to review the applicant’s answer to the SOR. In some circumstances where the Department Counsel determines that the available information refutes, extenuates or mitigates the matters raised in the SOR, s/he will recommend a higher-level review for potential withdrawal of the SOR.
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.
