Either the State or local officer or employee or the State or local agency employing him, or both, are entitled to appear with counsel at the hearing under , and be heard. After this hearing, the Merit Systems Protection Board shall—

((1)) determine whether a violation of has occurred;

((2)) determine whether the violation warrants the removal of the officer or employee from his office or employment; and

((3)) notify the officer or employee and the agency of the determination by registered or certified mail.