---
kind: "section"
citation: "45 C.F.R. § 1304.32"
title: "45"
number: "1304.32"
heading: "Alternative agency—prohibition."
url: "https://uscodex.org/cfr/45/1304.32"
---

# §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 grant recipient 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](/cfr/45/1304.4.md).
- (b) The responsible HHS official shall determine whether an employee was responsible for a deficiency within the meaning and context of this section.

## Notes

### Authority

Authority: 42 U.S.C. 9801 et seq.

### Source

Source: 81 FR 61412, Sept. 6, 2016, unless otherwise noted.