The DOE rationally concluded that petitioner's past misappropriation of funds in a kickback and bid-rigging scheme when he worked as a DOE custodial engineer, leading to his guilty plea for conspiracy to misapply property (see 18 USC § 371), justified the denial of his application for employment for the subordinate position of cleaner. His past behavior had a direct bearing on his fitness or ability to perform the cleaner job duties and posed an unreasonable risk...
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