Was petitioner deprived of a fair and meaningful opportunity to protect his property interest when he was denied the opportunity to access and examine the sole evidence upon which his termination was based?

QUESTION PRESENTED Petitioner, a tenured civil servant, was terminated from his position following a positive drug test. Insisting he had never used illegal drugs and therefore the tested specimen could not be his, he requested an aliquot of the sample to conduct DNA testing. Based on a Department of Transportation regulation forbidding DNA testing of drug samples, however, his request was denied and his termination sustained. Was petitioner deprived of a fair and meaningful opportunity to protect his property interest when he was denied the opportunity to access and examine the sole evidence upon which his termination was based?