SECTION 325:85-12-5. Submitting modifications to a previously certified item

  No Modification to any Compact Electronic Game or Non-Compact Electronic Game, or Component thereof, may be made by a Racetrack Gaming Operator Licensee after it is tested, certified and approved, without certification of the Modification by the Manufacturer (stating that the game as modified is the same as a game being operated by a federally recognized Indian tribe in Oklahoma) and by the Independent Testing Laboratory (stating that the game conforms to the Use and Operation Requirements) and approval thereof by the Commission, through the Executive Director. In situations where immediate Modifications are necessary to preserve the integrity of a game that has been operating pursuant to an approval obtained under this section, the Independent Testing Laboratory may issue an emergency certification of the Modification based on information provided to it by the Racetrack Gaming Operator Licensee or obtained independently, so long as such certification must be issued immediately to preserve the integrity of the game, and such certification would likely be issued under ordinary circumstances. Such emergency certifications shall be deemed to be temporarily approved by the Commission and remain in effect until the Commission takes final action under this section on the certification.

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