If the special circumstances of  § 75.219(b) appear to exist for an application, the Secretary may select the application for funding if:
     
    
        
        (a) 
         The Secretary has documentary evidence that the special circumstances of  § 75.219(b) exist; and
     
    
        
        (b) 
         The Secretary has a statement that explains the circumstances of the mishandling.
     
    
        
            Code of Federal Regulations
        
        (Authority: 
                20 U.S.C. 1221e-3(a)(1) and 3474
            )
    
    
        
            Code of Federal Regulations
        
        [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 52 FR 27804, July 24, 1987. Redesignated at 60 FR 12096, Mar. 3, 1995]