A Defense Office of Hearings & Appeals (DOHA) hearing can be the best way to turn things around if you’ve received a Statement of Reasons that your security clearance application will be denied. But, a DOHA hearing is more extensive and has stricter procedures than you might imagine. Here’s what you can expect from a DOHA hearing, and why you should always consult a Defense Office of Hearings & Appeals lawyer before moving forward.
Is a DOHA Hearing the Only Option?
When you receive a notice of intent to deny your security clearance application and an SOR, you have the opportunity to submit a written response (also known as an appeal brief). You can elect to request a decision based on the written record or to schedule a DOHA hearing. In most cases, we find that requesting a hearing offers a better opportunity to overcome the issues raised in the SOR and secure security clearance.
Some of the reasons a DOHA security clearance hearing can be more effective than a written response alone include:
- The opportunity for the Administrative Judge to hear from you in person and assess your credibility
- The opportunity to explain in more depth or clarify more complex issues that may be difficult to explain on paper
- The opportunity to call witnesses to support your position
How Does the DOHA Clearance Review Process Start?
When the applicant submits their response to the SOR, they make the election to have the matter decided on the written record or request a hearing. After the response and request are submitted, the applicant will receive a response from Department Counsel. This is the attorney who will be representing the government. The response will include the exhibits the government intends to introduce at the hearing.
In Some Cases, DOHA Decisions are Rendered Without a Hearing
Once the government has provided its notice and exhibits, your Defense Office of Hearings & Appeals lawyer may determine that it’s useful to reach out and discuss your case with the government’s attorney in advance of the scheduled hearing. In certain types of cases, your attorney may be able to provide specific evidence that persuades the government to reverse its decision without proceeding to a hearing.
Leading Up to the DOHA Hearing
The DOHA clearance hearing process is similar to a trial, though somewhat less complex. As the hearing approaches, your exhibits and a list of witnesses will be submitted in advance, and Department Counsel will have an opportunity to object to exhibits.
The DOHA Hearing
Most DOHA hearings are conducted remotely using teleconferencing, though some are still held in person. The Administrative Judge presides over the hearing much like a trial judge. Typically, the Administrative Judge will confer with the parties before opening the hearing. Once any preliminary issues are addressed, the hearing will begin. A court reporter will document the hearing.
Department Counsel goes first. They’ll introduce their exhibits and call any witnesses they have. Witnesses are permitted into the hearing one at a time so that they are not influenced by someone else’s testimony. After the government lawyer questions each witness they call, your attorney will get a chance to ask questions. The Administrative Judge may also ask questions.
Next, it’s the applicant’s turn to present their case. The applicant will usually testify, and can also call other witnesses.
After all exhibits have been introduced and witness testimony is complete, the process moves on to closing arguments. The government goes first, followed by the applicant. Then, the government gets an opportunity to rebut the applicant’s closing statement.
DOHA Decisions
The burden of proof in a DOHA case shifts. Once the government has established that there are circumstances that may warrant disqualification, it is up to the applicant to prove that the issues have been adequately mitigated to remove concerns about security risks.
The Administrative Judge issues a decision at some point after the hearing. However, the impact of that decision differs depending on whether the applicant is a government contractor, a federal employee/prospective employee, or a member of the military. For contractors, the decision is final and appealable. However, for an employee or member of the military, the decision serves as a recommendation to the agency’s Personnel Security Appeals Board (PSAB).
How Can a Defense Office of Hearings & Appeals Lawyer Help?
A DOHA appeals lawyer can help in a variety of ways, including:
- Drafting a comprehensive, persuasive response to the SOR
- Gathering evidence and preparing exhibits
- Managing technical aspects of the hearing preparation, such as exchanging exhibits and making objections
- Helping select witnesses and preparing witnesses for the hearing
- Negotiating with the government’s attorney
- Questioning government witnesses at the hearing
- Preparing and delivering the strongest possible closing argument at the hearing
The best time to get help with your national security clearance application is at the very beginning, before you complete your SF86. However, if you’ve already begun the process and received an SOR, we can still help. Our attorneys have extensive experience with every stage of the national security clearance and appeals processes.
You have very limited time to respond to an SOR, and crafting an effective response takes time. So, you should reach out to an experienced security clearance appeals lawyer immediately when you receive an SOR. You can call us right now at 800-481-2526 or fill out our contact form to get started. The initial consultation is free, and you can count on our attorneys to be honest about the strength of your case so you can make an informed decision about how to proceed.
