SECTION 325:85-12-3. Submission of prototype for testing by Independent Testing Laboratory required  


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  • (a)   A prototype of a Compact Electronic Game or Non-Compact Electronic Game, or Component thereof, which a Racetrack Gaming Operator Licensee intends to offer for play shall be tested and certified by an Independent Testing as conforming to 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, all information requested by the Independent Testing Laboratory in order to make such a determination. 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 Use and Operation Requirements. If the Independent Testing Laboratory determines that the game fails to satisfy such requirements, 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 2089, eff 5-11-06 (emergency); Added at 23 Ok Reg 2613, eff 6-25-06]