Here we go again — another day on "American Idol," another potential bump in the road.

Just a week after the show booted twin brothers for alleged identity theft, it seems that Jose "Sway" Penala, who was sent to Hollywood after impressing the "Idol" judges, may have violated the show's strict eligibility rules.

Penala, 27, apparently had a record deal with his group, 6th Day, when he auditioned for "Idol" last August in San Francisco, according to realitytvmagazine.com.

If true, that would violate "Idol" rules that contestants cannot have any current recording or talent management agreements.

Past recordings and/or talent management agreements are OK. In fact, past "Idol" contestants Bo Bice and Carrie Underwood — who won the fourth edition of the show — had recorded before appearing on the show.

Fox officials had no comment on the situation yesterday.

According to realitytvmagazine.com, "Idol" auditions in San Francisco began Aug. 18 — and, a month later, Penala was still listed as a member of 6th Day and was "doing Mall shows in Manila."

The group's album, "Forever Starts Today," on the E-Real Records label, was listed last September on a Web site called brownjungle.com — and was still listed there as of late yesterday (priced at $11.99).

Penala, a Filipino-American who hails from South San Francisco, was seen on "Idol" serenading judges Simon Cowell, Paula Abdul and Randy Jackson with a rendition of "Superstar" by Luther Vandross.

Penala already has his own online fan club, which has started up josepenala.com — which includes photos and a bio of the singer.

"Idol," meanwhile, continued to roll Tuesday, averaging 30 million viewers from 8 to 9 p.m. leading into President Bush's State of the Union Address.

The show airs again Tuesday with host Ryan Seacrest.