Delivery of Electronic Gaming Devices to a Gaming Licensee

(1) In order for an electronic gaming device to be approved for use in a gaming establishment, a gaming vendor, at its own expense, must submit the electronic gaming device for scientific testing and technical evaluation in accordance with 205 CMR 144.04 by a commission certified independent testing laboratory certified pursuant to 205 CMR 144.06 to determine compliance with M.G.L. c. 23K and 205 CMR 143.00: Gaming Devices and Electronic Gaming Equipment. The gaming vendor must provide the certified independent testing laboratory with all documentation and other materials necessary to conduct testing and evaluate compliance. The gaming vendor shall provide notice of submission of a new prototype for testing to the commission's gaming technology laboratory contemporaneously with submission to the independent testing laboratory. (MA REG. # 1367, Dated 6-15-18) (2) Upon certification of a prototype of an electronic gaming device by a certified independent testing laboratory, a gaming vendor may deliver the electronic gaming device to the gaming licensee, or any other person authorized to possess such a device in accordance with 205 CMR 145.01(1), after providing notice to the commission, as directed, in accordance with 205 CMR 145.02(2). Upon receipt of the notice, the commission may deny entry of any electronic gaming device it determines may not be compatible with the commission's central monitoring system or for any reason necessary to protect the integrity of gaming in the Commonwealth. Provided, prior to delivery of any such electronic gaming device into the Commonwealth the gaming vendor and electronic gaming device shall be in compliance with 15 U.S.C. 1173. (3) Upon submission of the electronic gaming device prototype for testing to a certified independent testing laboratory in accordance with 205 CMR 144.02(1) and 144.04, the commission's gaming technology lab may require that the gaming vendor provide to the commission's gaming technology lab, at the gaming vendor's expense, a functioning prototype of the electronic gaming device as well as all software, documentation and other materials necessaryto conduct testing and evaluate compliance. The commission's gaming technology lab may conduct any testing of the electronic gaming device it desires and require any further subsequent action. (4) The gaming vendor and gaming licensee shall promptly notify the commission if it becomes aware of any negative action taken in another jurisdiction relative to a gaming device that has been delivered to a gaming licensee, or if it becomes aware of an issue that may negatively impact the reporting of revenue, game outcome, or the integrity of such a device.