SECTION 325:85-12-4. Procedures for Commission approval of gaming machines and components

(a)   The Commission, through the Executive Director, shall review and approve a proposed Compact Electronic Game or Non-Compact Electronic Game, or Component thereof, based solely on the reports and certifications received from the Manufacturer and the Independent Testing Laboratory, and 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). The Commission's review shall be completed within twenty (20) days of receipt of: (1) the reports and certifications from the Manufacturer and the Independent Testing Laboratory, or (2) evidence that the Gaming Machine or Component thereof is entitled to reciprocity pursuant to Section 325:85-13-2. With respect to Modifications to previously verified games, the Commission's review shall be completed within ten (10) days of the receipt of the certification of the Modification.

(b)   The game shall be deemed approved if the Executive Director does not disapprove the proposed game within the twenty (20) day or ten (10) day period, as may be applicable. If within the twenty (20) day or ten (10) day periods described in this section, the Executive Director gives notice to the Racetrack Gaming Operator Licensee that it has disapproved a proposed game, such game shall not be placed in any Gaming Facility or, if already there, shall be removed or taken offline for play, to allow time for an appeal to be made in accordance with the applicable appeal process if an appeal is sought. The sole issue in the appeal process shall be whether the game, or a Component thereof, is the same as a game that is being operated by a federally recognized Indian tribe in Oklahoma and conforms to the Use and Operation Requirements. The Executive Director and Commission staff shall have the authority to discuss the Independent Testing Laboratory's report with representatives of the Independent Testing Laboratory without any cost to the Commission and to physically review any game as part of the applicable appeal process.

[Source: Added at 23 Ok Reg 2089, eff 5-11-06 (emergency); Added at 23 Ok Reg 2613, eff 6-25-06]