45 CFR §1304.32

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