What happens when a security clearance is denied?
When a case contains significant derogatory information, it is forwarded from the Defense Industrial Security Clearance Office (DISCO) to the Defense Office of Hearings and Appeals (DOHA). DOHA adjudicators can send the case back to DISCO with instructions to grant the clearance or DOHA can issue a “Letter of Intent” (LOI) to deny a clearance. The LOI is a preliminary, tentative decision and will contain a “Statement of Reasons” (SOR) detailing the issues that are the basis of the decision. The applicant can make a written rebuttal to the SOR and request a hearing. If the applicant does not rebut the SOR, DOHA will direct DISCO to deny the clearance. If the applicant rebuts the SOR without request a hearing, DOHA sends the applicant all relevant and material information that could be presented to a DOHA Administrative Judge (AJ) for a clearance decision based on the written record. The applicant can submit a written response to this information. If the applicant requests a hearing, the
