- 1). Obtain a copy of the adverse decision in your case.
- 2). Contact an attorney well-versed in DOHA hearing procedures and security clearance law to represent you in your reconsideration case, if at all possible.
- 3). Ask your employer to obtain a new standard Form 86, Questionnaire for National Security Positions and submit the completed form to the Defense Industrial Clearance Office (DISCO) with a request for reconsideration. This is done through the Joint Personnel Adjudication System.
- 4). Obtain a copy of the "Adjudicative Guidelines" used in the issuance and denial of security clearances. Extract the relative provisions and formulate a legal argument as to why the adjudicative guidelines favor your legal position based on the facts in your case. You should also state what the administrative law judge did not properly decide in your initial case. You may not be able to provide new evidence in your reconsideration motion so you should consult with an attorney as to whether you could or should file a motion for presenting newly-discovered evidence or legally justifiable reasons why the evidence was not previously presented in your initial proceeding.
- 5). Receive a copy of the DISCO letter within 60 days advising you that you are responsible for submitting a copy of the adverse decision in your case to the director of DOHA. You must also provide to the director of DOHA evidence you wish to have considered in your motion for reconsideration that would constitute mitigating circumstances or conditions to your case.
- 6). Prepare to wait several months or longer before you receive a decision. Even then, you may only receive a decision to return the case back to the administrative law judge to have a rehearing or reconsideration. The deadlines for appealing your decision (as opposed to a reconsideration) are not increased by filing a motion for reconsideration. You or your attorney should file a timely appeal in addition to filing the motion for reconsideration.
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