36.07.06.01

.01 Testing, Certification, and Approval of Equipment, a System, or Software.

A. A manufacturer may not offer the equipment, systems or software enumerated in §E of this regulation, or a modification to a Commission approved version of that equipment, system or software, for sale, lease, distribution or use in a facility without it having been:

(1) Tested and certified by an independent certified testing laboratory; and

(2) Approved in writing by the Commission.

B. A facility operator may not purchase, lease, or otherwise acquire the right to install, utilize, or make available for use the equipment, systems, or software enumerated in §E of this regulation, or a modification to a Commission approved version of that equipment, system, or software, without it having been:

(1) Tested and certified by an independent certified testing laboratory; and

(2) Approved in writing by the Commission.

C. A facility operator may not modify, alter or tamper with an instant bingo machine or associated validation and accounting system.

D. Modification, alteration, or tampering with an instant bingo machine or associated validation and accounting system may result in the immediate suspension of a facility license by the Commission.

E. The testing, certification, and approval requirements of this regulation shall, at a minimum, apply to:

(1) The instant bingo machine validation and accounting system;

(2) An instant bingo machine;

(3) The interoperability between an instant bingo machine and:

(a) An instant bingo machine validation and accounting system; and

(b) Any other component integral to the operation of the device; and

(4) Other equipment, systems, or software designated for testing and certification by the Commission.

F. A prototype of equipment, a system, or software required to be tested, certified, and approved under §E of this regulation, or a modification to a Commission approved version of that equipment, system, or software shall, at a minimum, be tested for:

(1) Overall operational integrity;

(2) Compliance with applicable state laws and commission regulations; and

(3) Any other standards required by the Commission pertaining to the equipment, system, or software.

G. If a facility operator develops any equipment, system, or software that is functionally equivalent to that enumerated in this regulation, or modifies a Commission approved version of that equipment, system or software, the facility operator shall be subject to the testing, certification, and approval requirements of this chapter to the same extent as if the equipment, system, or software were developed or modified by a manufacturer.

H. A manufacturer shall pay all costs of testing, certification, and approval under this chapter including, but not limited to, all costs associated with:

(1) Transportation;

(2) Equipment and technical services required by an independent certified testing laboratory to conduct the testing and certification process; and

(3) Implementation testing.