SECTION 325:85-11-5. Submission of prototype for testing by Independent Testing Laboratory required  


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  • (a)   A prototype of an Electronic Amusement Game, Electronic Bonanza-Style Bingo Game, or Electronic Instant Bingo Game, or any Component thereof, which a Racetrack Gaming Operator Licensee intends to offer for play shall be tested and certified by an Independent Testing Laboratory as meeting the Standards contained in the Act and the Use and Operation Requirements.
    (b)   A Racetrack Gaming Operator Licensee shall provide, or require that the Manufacturer or Vendor provide to the Independent Testing Laboratory a written request as to each game for which certification is sought, any fees required to be deposited with the Independent Testing Laboratory, and, on a confidential basis: two (2) copies of the game illustrations, schematics, block diagrams, circuit analyses, technical and enterprise manuals, program object and source codes, hexadecimal dumps (the compiled computer program represented in base 16 format), and any other information requested by the Independent Testing Laboratory. The Racetrack Gaming Operator Licensee shall send copies of the requests for certification to the Commission when made and shall make all materials submitted to the Independent Testing Laboratory available to the Commission upon request. Any materials so submitted which are designated by the Manufacturer or Vendor as proprietary shall remain confidential and shall not be subject to the disclosure requirements of the Oklahoma Open Records Act.
    (c)   If requested by the Independent Testing Laboratory, the Racetrack Gaming Operator Licensee shall require the Manufacturer or Vendor to transport not more than two (2) working models of the game for which certification is sought to a location designated by the Independent Testing Laboratory for testing, examination, and/or analysis. Neither the State nor the Independent Testing Laboratory shall be liable for any costs associated with the transportation, testing, examination, or analysis, including any damage to the Components of the game. If requested by the Independent Testing Laboratory, the Racetrack Gaming Operator Licensee shall require the Manufacturer or Vendor to provide specialized equipment or the services of an independent technical expert to assist with the testing, examination, and/or analysis. At the conclusion of each test, the Independent Testing Laboratory shall provide to the Commission a report that contains findings, conclusions and a certification that the game conforms or fails to conform to the Standards contained in the Act. If the Independent Testing Laboratory determines that the game fails to conform to such Standards, and if Modifications can be made which would bring the game into compliance, the report may contain recommendations for such Modifications. The Independent Testing Laboratory shall retest for compliance following such Modifications. The Independent Testing Laboratory shall report all findings and conclusions to the Racetrack Gaming Operator Licensee, the Manufacturer/Vendor and the Commission provided that at any time prior to issuance of a final report by the Independent Testing Laboratory, the Racetrack Gaming Operator Licensee may instruct it to terminate the process, in which case no report shall be made.
[Source: Added at 23 Ok Reg 1160, eff 4-6-05 (emergency); Added at 23 Ok Reg 2089, eff 5-11-06 (emergency); Added at 23 Ok Reg 2613, eff 6-25-06]