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Ohio Administrative Code (Last Updated: January 12, 2021) |
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3772 Casino Control Commission |
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Chapter3772-50. Skill-based Amusement Machine |
3772-50-21. Independent skill-based amusement machine testing laboratory certification
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(A) An independent skill-based amusement machine testing laboratory may request to be certified by the commission to scientifically test and technically evaluate skill-based amusement machines and equipment for compliance with Chapters 2915. and 3772. of the Revised Code and the rules adopted thereunder.
(B) A certification to scientifically test and technically evaluate slot machines, mechanical, electromechanical or electronic table games, slot accounting systems, and other electronic gaming equipment pursuant to Chapter 3772. of the Revised Code and the rules adopted thereunder does not grant authority to test skill-based amusement machines and equipment for compliance with Chapters 2915. and 3772. of the Revised Code and the rules adopted thereunder.
(C) A certification to test skill-based amusement machines and equipment for compliance with Chapters 2915. and 3772. of the Revised Code does not grant authority to scientifically test and technically evaluate slot machines, mechanical, electromechanical or electronic table games, slot accounting systems and other electronic gaming equipment pursuant to Chapter 3772. of the Revised Code and the rules adopted thereunder.
(D) Before an independent skill-based amusement machine testing laboratory is certified by the commission, it shall undergo an investigation by the commission to determine its competency and qualifications to conduct testing under Chapters 2915. and 3772. of the Revised Code and the rules adopted thereunder, including, but not limited to, the following:
(1) The corporate structure including ownership and controlling interests in the independent skill-based amusement machine testing laboratory;
(2) The policies and procedures of the independent skill-based amusement machine testing laboratory, including if the policies and procedures prevent conflicts of interest, detect and prevent fraud, and guarantee impartiality;
(3) The experience and expertise of the independent skill-based amusement machine testing laboratory's staff to conduct all tests required by the commission;
(4) The sufficiency of staff and equipment of the independent skill-based amusement machine testing laboratory to conduct all required testing;
(5) The financial viability of the independent skill-based amusement machine testing laboratory to conduct all required testing;
(6) The demonstrated ability to conduct and complete testing of skill-based amusement machines to the standards adopted by the commission; and
(7) Any other requirement prescribed by the commission.
(E) Before an independent skill-based amusement machine testing laboratory is certified by the commission, it shall demonstrate to the commission's satisfaction its ability to meet the conditions and duties described in rules 3772-50-22 and 3772-50-23 of the Administrative Code.
(F) The independent skill-based amusement machine testing laboratory requesting certification or requesting renewal certification shall provide all information, documents, and materials requested by the commission at the independent skill-based amusement machine testing laboratory's sole expense and cost.
(G) An independent skill-based amusement machine testing laboratory shall pay a non- refundable certification fee of two thousand dollars. All fees shall be submitted to the commission in the form of a certified check, cashier's check, or electronic funds transfer payable to the treasurer of the state of Ohio.
(H) An independent skill-based amusement machine testing laboratory's certification expires three years after the date of certification.
(I) A certified independent skill-based amusement machine testing laboratory may request renewal of the certification by completing and submitting, not less than ninety days before the expiration of the certification, the information required by the commission and paying a certification fee as described in paragraph (G) of this rule.
(J) The certification fee for independent skill-based amusement machine testing laboratory certification or renewal certification may be increased to the extent that the cost of the background investigation relating to an independent skill-based amusement machine testing laboratory exceeds the certification fee set forth in paragraph (G) of this rule.
(K) All certified independent skill-based amusement machine testing laboratories shall undergo an investigation at least once every three years, as determined by the commission, to verify that each certified independent skill-based amusement machine testing laboratory remains in compliance with Chapters 2915. and 3772. of the Revised Code and the rules adopted thereunder.
(L) The commission may reopen a certification investigation or adjudication at any time.
(M) No certification issued under this chapter is transferable. A significant change in or transfer of control of a certified independent skill-based amusement machine testing laboratory, as determined by the commission, shall require the filing of a new application and submission of the certification fee described in paragraph (G) of this rule before any change or transfer of control is approved by the commission.