205 CMR, § 144.03 - Installation and Approval for Use of an Electronic Gaming Device
(1)
(a) No
electronic gaming device shall be installed or operated in a gaming
establishment, nor shall a previously approved electronic gaming device be
modified or moved from a previously approved location, unless a gaming licensee
first submits a request for approval to the commission, as directed, at least
five days prior to the anticipated installation, operation, modification, or
movement date and such request is approved. The commission, or its designee,
may approve such request on shorter notice in exceptional circumstances. The
request for approval shall be in the form prescribed by the commission. Devices
identified in 205 CMR 144.0 l(2)(o) shall be exempt from this approval
procedure, but shall remain subject to inspection by the commission.
(b) For purposes of 205 CMR 144.03, modified
or modification means a change or alteration to an electronic gaming device's
software and/or hardware previously approved by the commission for installation
or operation in Massachusetts (e.g. change to control
programs, change to the theoretical payout percentage, change of denomination,
or a change to the hash signature).
(2)
(a)
Upon receipt of a request for approval for installation, operation, movement,
or modification of an electronic gaming device, the commission shall validate
and process the information provided in accordance with 205 CMR 144.03(1)
relative to each electronic gaming device. Validation shall be conducted in
accordance with 205 CMR 144.03(3). Upon validation, the commission shall notify
the gaming licensee of its assent to approval. The approval shall not expire,
but shall be subject to revocation and any future conditions imposed in
accordance with 205 CMR 144.03(4). An electronic gaming device that does not
comport with 205 CMR 144.03(3)(a) through (d) and cannot be validated shall be
denied approval. A denial shall be made in writing and include an explanation
as to the reasoning therefor. Such a denial may be appealed in accordance with
205 CMR 144.03(11).
(b) Upon
receipt of the assent to approval in accordance with 205 CMR 144.03(2)(a) the
gaming licensee shall notify the IEB and coordinate a final inspection of the
device in its intended location within the gaming area prior to operation. The
gaming licensee shall certify in writing that the gaming device is configured
consistent with the certification report described in
205 CMR
144.04(2) prior to the
inspection. The inspection of a device shall be performed by a gaming agent and
shall at a minimum include, as applicable, confirmation of proper surveillance
coverage, and any testing. Upon satisfactory inspection of a new slot machine
by the IEB, a gaming agent shall place a seal on the slot machine indicating
approval. At the election of the IEB a gaming device may be approved for use
without an inspection.
(c) Upon
satisfactory completion of its inspection or review, the IEB shall indicate in
the commission's records that the device is 'Approved for Use', and the device
may be placed into operation by the gaming licensee. Operation of a slot
machine by a gaming licensee prior to being 'Approved for Use' in accordance
with 205 CMR 144.03(2)(c), or after revocation of such approval in accordance
with 205 CMR 144.03(4), may result in the device being ordered out of operation
and disciplinary measures, including assessment of a civil administrative
penalty upon the gaming licensee and any responsible party in accordance with
M.G.L. c. 23K, § 36. (Any such assessment shall be made notwithstanding
any criminal penalties that are imposed pursuant to M.G.L. c. 23K, §
37(d).)
(3) In order for
an electronic gaming device to be validated as required in accordance with 205
CMR 144.03(2)(a), all information required in the request for approval in
accordance with 205 CMR 144.03(1) must be provided, and each individual
electronic gaming device, including the game critical content, must:
(a) be identical in all material mechanical,
electrical, electronic or other material aspects to the prototype certified in
accordance with
205 CMR
144.04 on which the electronic gaming device
is based;
(b) comply with any
conditions placed upon the prototype on which the certification of the
electronic gaming device is based;
(c) not endanger, compromise, or weaken the
credibility or integrity of gaming in the Commonwealth; and
(d) where applicable, be interoperable with
the commission's central monitoring system. Where an electronic gaming device
is not interoperable with the commission's central monitoring system, the
commission reserves the right to inspect/validate the device prior to
operation.
An electronic gaming device that the commission determines does not comport with 205 CMR 144.03(3)(a) through (d) may be deemed a new gaming device requiring completion of a full certification procedure in accordance with 205 CMR 144.02.
(4) The gaming licensee must ensure that the
approved electronic gaming device is and remains in compliance with 205 CMR
144.03(3),
205 CMR
143.00: Gaming Devices and Electronic Gaming
Equipment, as applicable, and is consistent with the configurations
contained in the certification report described in
205 CMR
144.04(2), at all times. The
commission may at any time inspect any approved electronic gaming device and
revoke or condition the approval pursuant to 205 CMR 144.03(9) if that device
fails to comply with 205 CMR 144.03(3),
205 CMR
143.00: Gaming Devices and Electronic Gaming
Equipment, is not configured consistent with the certification report
described in
205 CMR
144.04(2), or in any way
fails to operate in the manner for which it was approved. Prior to revoking or
conditioning the approval of an electronic gaming device currently in use in a
gaming establishment, the commission may allow the gaming licensee a reasonable
amount of time to bring the device into compliance.
(5) Subsequent to an electronic gaming device
being deemed 'Approved for Use' in the gaming area pursuant to 205 CMR
144.03(2)(c), an electronic gaming device may only be moved or modified in
accordance with the gaming licensee's approved system of internal controls
submitted in accordance with
205
CMR 138.63: Slot Machines and Other
Electronic Gaming Devices; Authorized Locations; Movements which shall
incorporate the notice and approval provisions contained in 205 CMR
144.03.
(6) Prior to issuing an
approval or 'Approval for Use' of an electronic gaming device, the commission
may require a trial period of a length to be established on a case by case
basis, not to exceed 90 days, to test the gaming device in a gaming
establishment to determine whether it complies with 205 CMR 144.03(3). During
the trial period, minor changes in the operation or design of the electronic
gaming device may be made with prior approval of the commission. The commission
may, for reasonable cause, extend the trial period as necessary to ensure
compliance with 205 CMR 144.03(3).
(7) A gaming licensee shall inform the IEB of
any approved electronic gaming device that the gaming licensee no longer
possesses by indicating such on the Slot Machine Master List provided in
accordance with
205
CMR 145.01(2).
(8) The IEB may assess a civil administrative
penalty on a gaming licensee, or anyone permitted to possess a gaming device
pursuant to
205
CMR 145.01(1), in accordance
with M.G.L. c. 23K, § 36 for a violation of
205 CMR
144.00.
(9) If the commission finds that a gaming
device does not comply with 205 CMR 144.03(4), or a gaming licensee, or anyone
permitted to possess a gaming device pursuant to
205
CMR 145.01(1), has violated
a provision of
205 CMR
144.00, it may issue a written notice of its intent to
revoke, and/or condition approval to operate the subject device. Such notices
shall be provided in writing and contain a factual basis and the reasoning in
support the decision including citation to the applicable statute(s) or
regulation(s) that supports the decision. It shall further advise the licensee
or person of their right to a hearing and their responsibility to request a
hearing in accordance with 205 CMR 144.03(11), if they so choose, and that
failure to do so may result in the decision automatically being
imposed.
(10) If the commission
determines that a gaming device does not comply with 205 CMR 144.03(4), and
that continued operation of the gaming device would pose a substantial and
immediate threat to the credibility or integrity of gaming in the Commonwealth,
it may temporarily revoke the approval to use such device pending the outcome
of the process set forth in 205 CMR 144.03(9) and (11), as
applicable.
(11) If the gaming
licensee or person is aggrieved by a decision made by the commission to revoke
or condition an approval to operate a gaming device, and/or to assess a civil
administrative penalty in accordance with 205 CMR 144.03(8) and (9), it may
request review of said decision in accordance with
205 CMR
101.00: M.G.L. c. 23K Adjudicatory
Hearings. Failure to request such review in the prescribed manner may
result in the decision automatically being imposed.
Notes
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