This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By Melissa L. Watkins, Esq.
Our lawyers represent individuals before the Defense Office of Hearings and Appeals (DOHA) in cases involving their security clearances.
It is important to have legal representation during the DOHA hearing process, which can be very similar to typical court proceedings. The following is the process that one might expect at a security clearance hearing before a DOHA administrative judge.
How DOHA Cases Usually Start
DOHA cases typically begin when a federal contractor, military, or federal employee receives a Statement of Reasons (SOR) from the Defense Counterintelligence and Security Agency (DCSA). In submitting their response, the individual will have the choice of having their case heard by an administrative judge at DOHA or reviewed based on the written record. The process varies a bit based on whether the individual is employed by the government or is a government contractor. However, when a choice is made, electing a hearing before a DOHA Administrative Judge is our usual recommended choice.
Differences Between Contractors and Federal Employees
There are differences in the DOHA process for government contractors, military personnel, and federal employees. For instance, DOHA decisions for government contractors are binding. For federal employees and military personnel, DOHA decisions are recommended, and they will then be reviewed by other agency personnel for final decision. A DOHA Hearing for federal employees and military personnel is also known as a Personal Appearance as opposed to a hearing. However, no matter what type of employee one is, the DOHA hearing process is pretty similar.
