SECTION 77.
Said section 37 of said chapter 62C, as so appearing, is hereby amended in the second paragraph by inserting after the words "his application" the following:- if and only if the applicant has not already had a pre-assessment hearing pursuant to the provisions of section 26(b) of this chapter, unless the applicant first establishes to the satisfaction of the commissioner that a further hearing is necessary either due to the availability of new factual information or new legal precedent not available to the applicant at the time of the section 26(b) hearing.