The Director must investigate the petitioner's claims of the tribe's noncompliance with a TERA only after making a threshold determination that:
(a) The tribe has denied or failed to respond to each claim made in the petition within the period under Sec. 224.113(a); or
(b) The tribe has failed, refused, or was unable to cure or otherwise resolve each claim made in the petition within a reasonable period, as determined by the Director, after the expiration of the period in Sec. 224.113(b).