(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, and
(2) Was responsible for a deficiency that:
(i) Relates to the performance standards or financial management standards described in the Head Start Act; and
(ii) Was the basis for the termination or denial of refunding described in Sec. 1302.30 of this part.
(b) The responsible HHS official shall determine whether an employee was responsible for a deficiency within the meaning and context of this section.