As of 8 December 2024, a significant change was implemented by the Defense Counterintelligence and Security Agency (DCSA) to the due process procedures for federal employees (including service members). Previously, federal employees were not given the opportunity to request a personal appearance until after they responded to a Statement of Reasons (SOR) and their clearance was denied/revoked. The Letter of Denial (LOD)/Letter of Revocation (LOR) gave the appellant the option to either: 1) request a personal appearance before a Defense Office of Hearings and Appeals (DOHA) Administrative Judge; or 2) appeal directly to the Personnel Security Appeal Board (PSAB) with a written appeal. Now, applicants may request a personal appearance in addition to providing a written response before denial or revocation of his/her security clearance. This process falls more in line with the opportunity to request a hearing available to government contractor employees who are given the opportunity to respond to an SOR and either a request a hearing or request that the DOHA Administrative Judge issue a decision based upon the administrative record before a denial or revocation. There remain, however, some important differences between the federal employee and government contactor process. The new personal appearance is virtual only, and is conducted by a DCSA senior adjudicator. You may have legal counsel at the virtual appearance, and are provided an opportunity to present oral and documentary information. It remains unclear if DCSA will permit witness testimony or publish its decisions as DOHA does. Additionally, Sensitive Compartmented Information (SCI) contractor personnel administered by DCSA have this option for a personal appearance when submitting a written response to an 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.
