Alternative agency-prohibition.

§ 1304.32 Alternative agency—prohibition. (a) No agency will be designated as the alternative agency pursuant to this subpart if the agency includes an employee who: (1) Served on the administrative or program staff of the Indian tribal grantee described under section 646(e)(1)(A) of the Act; and (2) Was responsible for a deficiency that: (i) Relates to the performance standards or financial management standards described in section 641A(a)(1) of the Act; and, (ii) Was the basis for the termination of assistance under section 646(e)(1)(A) of the Act or denial of refunding described in § 1304.4. (b) The responsible HHS official shall determine whether an employee was responsible for a deficiency within the meaning and context of this section.