SECTION 325:80-15-1. Application Required

  Testing laboratories that wish to function as a Commission-approved Independent Testing Laboratory shall apply to be issued an Independent Testing Laboratory License. The application shall be accompanied by the required application fee and an investigation fee in an amount equal to one-half of the license fee. The deadline for renewal license applications is November 1 of the current license year.

(1)   In addition to other information required on the application, an applicant shall provide the following information for each of the last three (3) years:

(A)   address of main office and number of square feet used for testing;

(B)   addresses of all satellite offices, if any, and number of square footage;

(C)   number of full-time employees;

(D)   number of machines tested;

(E)   list of states for which the Laboratory has performed tests;

(F)   list of countries for which the Laboratory has performed tests; and

(G)   list of states and countries in which the Laboratory has been licensed or certified.

(2)   In addition, the Commission review of consideration of an application for an Independent Testing Laboratory shall include:

(A)   For the testing laboratory and its parent corporation, if any, a complete corporate financial disclosure and review; a complete disclosure and review of any criminal proceedings, civil litigation or investigations by a regulatory entity; and an evaluation of its corporate good standing in the jurisdiction(s) where it is incorporated and/or does business.

(B)   For its principal shareholders (10% or greater) and its officers and directors, a complete individual financial disclosure and review; a complete disclosure and review of any criminal proceedings, civil litigation or investigations by a regulatory entity; and a finding of suitability.

(C)   The testing laboratory will demonstrate its relevant technical skill and capability by providing evidence of suitable testing previously conducted for state or tribal regulatory authorities. The Commission's Law Enforcement Division may conduct an on-site review of the testing laboratory's facilities as part of its evaluation and will be satisfied that the testing laboratory is qualified and competent to perform the testing required before making any recommendation for approval to the Commission. The frequency of the on-site review will be recommended by the Commission Law Enforcement Division's Director to the Commission Executive Director.

(D)   The testing laboratory shall have in-house staff personnel in the following categories:

(i)   Mathematicians,

(ii)   Mechanical, electrical, and software engineering staff,

(iii)   Compliance engineering staff,

(iv)   Accounting system and communication protocol engineering specialists,

(v)   High-level engineering staff for new and current technology, and

(vi)   Quality assurance staff.

(E)   The testing laboratory shall have the ability to provide twenty-four hour, seven-day a week support for the Commission, including in-house personnel coverage.

(F)   The testing laboratory shall provide training and support staff for on- site field inspections to assist and/or train Gaming Agents on the security, compliance and accounting/auditing practices that shall be used, with expenses paid by the testing laboratory.

(G)   The testing laboratory shall provide a quality assurance staff that verifies each test result.

(H)   The testing laboratory shall conduct an annual due diligence investigation on each employee of the testing laboratory and maintain such due diligence files on each employee.

(I)   The testing laboratory shall have physical building security in terms of surveillance systems and alarms to protect confidential information.

(J)   The testing laboratory shall demonstrate that it possesses multiple units of the approved signature device(s); that it provides signatures of the approved software with each certification which will assist in the conduct of field audits of the equipment; and that the Laboratory has the ability to provide the specifications on the various software verification methods (i.e., KOBETRON, DataMan and other types of algorithms that allow checking of gaming equipment) to assist the Commission in determining which verification tools will be acceptable.

(K)   The testing laboratory shall have adequate equipment to support the submissions for testing and also, additional units available for on-site inspections when laboratory presence is requested; shall provide the requested signatures by taking those signatures at the Laboratory prior to storage of the storage media independent of the supplier; and a testing laboratory shall not rely on supplier-generated signatures.

(L)   During the detailed communication protocol tests that are performed on the device side and the system side, the testing laboratory shall use testing tools and testing techniques that are developed in compliance with the protocol used. The testing laboratory shall have the ability to develop such tools independently without having to reply on the Manufacturer for the equipment.

(M)   The testing laboratory shall demonstrate that the testing it performs includes complete detailed tests to examine all external and internal functions, such as examinations of memory and communication protocol with all devices, of the gaming equipment being tested.

(N)   The testing laboratory shall have a national reputation for honesty, independence, competence and timeliness.

[Source: Added at 23 Ok Reg 1150, eff 4-6-05 (emergency); Added at 23 Ok Reg 2079, eff 5-11-06 (emergency); Added at 23 Ok Reg 2602, eff 6-25-06; Amended at 26 Ok Reg 2192, eff 6-25-09; Amended at 30 Ok Reg 1327, eff 6-27-13; Amended at 37 Ok Reg 1699, eff 9-14-20]