Defense Office of Hearings and Appeals Representation and Consultation

Attorney Ellis has provided legal services for individuals with clearances subject to adjudication and review by the Defense Office of Hearings and Appeals.

The Defense Office of Hearings and Appeals hearing process is an adversarial hearing process. The Government will be represented by an attorney with the Department. Applicants for security clearances can appear by themselves without an attorney or have an attorney represent them.

Hearings may be conducted in a Federal, State, County, or local hearing room, conference room, or by video. If the hearing is conducted in person or partially in person then it must be at a location that provides an appropriate degree of privacy and is consistent with the seriousness of the proceeding.

Different from DOE cases the DOHA Administrative Judge does not have the authority to issue a subpoena. (See January 15, 2019 Memorandum of the Department of Defense Defense Legal Services Agency Defense Office of Hearings and Appeals (DOD DLSA DOHA for All Applicants and Their Respective Attorneys or Personal Representatives, and Department Counsel on the subject of Prehearing Guidance for DOHA Industrial Security Clearance (ISCR) Hearings and Trustworthiness (ADP) Hearings).

The same adjudicative guidelines apply to DOHA and DOE security clearance hearings.  Attorney Ellis has over thirteen years of experience representing individuals at all levels for DOE cases under the adjudicative guidelines and just as DOE case decisions are available online; DOHA decisions are available online.  If you have a question about your Confidential, Secret, Top Secret, Top Secret, sensitive compartmented information, or an access authorization issue related to a special access program (SAP/ SAR) or other clearance issue or need representation in a hearing, don't hesitate call Attorney Daniel L. Ellis at 865-235-1787.