Whether the Merit Systems Protection Board violated Petitioner's due process rights

QUESTION PRESENTED Whether the Merit Systems Protection Board violated Petitioner’s due process rights when an administrative judge failed to provide him a hearing, in violation of 5 U.S.C. § 7701(a), having not produced evidence of a hearing right waiver or that the required elements for a waiver, as held by this Court in Johnson v. Zerbst, 304 U.S. 458 (1938), had been met.