SECTION 325:85-12-1. Certification by Independent Testing Laboratory and Commission approval required  


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  • (a)   Before any Compact Electronic Game or Non-Compact Electronic Game, or Component thereof, may be placed into operation by a Racetrack Gaming Operator Licensee, the Racetrack Gaming Operator Licensee shall first have obtained and submitted to the Commission or the Executive Director a written certification from the Manufacturer containing:
    (1)   A statement that upon installation, such game or Component thereof, is the same as a game that is being operated by a federally recognized Indian tribe in Oklahoma;
    (2)   A statement that such game conforms to the Use and Operation Requirements, as certified by an Independent Testing Laboratory;
    (3)   The name of the Indian tribe referred to in the preceding clause, and the location of the Indian tribe's facility within the State of Oklahoma where such game is being operated;
    (4)   A statement as to whether such game is being operated pursuant to a Compact, and if so including a copy of such Compact; and
    (5)   If such game is being operated pursuant to a Compact and if such Compact requires that the game be certified by a testing laboratory, a copy of the certificate required by the Compact (it being acknowledged that the testing laboratory preparing such certificate must meet the qualifications, if any, contained in the Compact).
    (b)   Upon receipt of the certification, the Commission or Executive Director shall review and approve a proposed Compact Electronic Game or Non-Compact Electronic Game, or Component thereof, shall include consideration of the following: (a) the certification of the Manufacturer that the game is the same as a game that is being operated by a federally recognized Indian tribe in Oklahoma, (b) the certification of the Independent Testing Laboratory that such game conforms to the Use and Operation Requirements, and (c) if such game is being operated pursuant to a Compact and if such Compact requires that the game be certified by a testing laboratory, the Commission's or Executive Director's receipt of a copy of the certificate required by the Compact (it being acknowledged that the testing laboratory preparing such certificate must meet the qualifications, if any, contained in the Compact).
[Source: Added at 23 Ok Reg 2089, eff 5-11-06 (emergency); Added at 23 Ok Reg 2613, eff 6-25-06]