45 CFR § 1304.32 - Alternative agency—prohibition.

---
identifier: "/us/cfr/t45/s1304.32"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 1304.32 - Alternative agency—prohibition."
title_number: 45
title_name: "Public Welfare"
section_number: "1304.32"
section_name: "Alternative agency—prohibition."
chapter_name: "ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "B"
subchapter_name: "THE ADMINISTRATION FOR CHILDREN AND FAMILIES, HEAD START PROGRAM"
part_number: "1304"
part_name: "FEDERAL ADMINISTRATIVE PROCEDURES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 9801"
regulatory_source: "81 FR 61412, Sept. 6, 2016, unless otherwise noted."
cfr_part: "1304"
---


# 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.

(b) The responsible HHS official shall determine whether an employee was responsible for a deficiency within the meaning and context of this section.