Can an evidentiary hearing be held at the administrative level of the Court of Appeal where there was no administrative hearing?

Appellant was not deprived of due process. The district court correctly held that process was available, Appellant simply did not avail himself of it. This Circuit and several others have held that the availability of a "trial de novo in which the existence of a violation is examined afresh, and the parties are not limited in their arguments to the content of the administrative record, satisfies the strictures of due process." Kim v. United States, 121 F.3d 1269, 1274-75 (9th Cir.1997) (citing cases from five circuits). Due process may thus be satisfied even when no evidentiary hearing was held at the administrative level. Id.