316 NAC 54-106. INDEPENDENT TESTING LABORATORIES

REG-54-106 INDEPENDENT TESTING LABORATORIES 106.01 All devices and games must be submitted to an independent testing laboratory approved by DOR to test for compliance with the regulations contained in 54-103 and 54-104. 106.02 Testing must be paid for by the individual or entity seeking to have the device approved. 106.03 The laboratory must produce a report detailing the testing performed, the analysis, and the testing results. The laboratory report includes samples of all documents required to be produced by the device as set forth in the regulations. 106.04 If a laboratory is unable to test any of the items required, then it must provide an explanation of why it was unable to do so and what the laboratory would need to complete testing of the item. 106.05 This report must be provided in full to DOR with no redactions at the time of device approval. 106.06 The laboratory is required to test the following aspects of a game in relation to skill involved: 106.06A Those listed in 54-103.02A-G. If testing reveals that any one of these seven items is present, then the game is not a skill game; 106.06B Reaction time required to complete all required tasks in order for a reasonable player to win on every single play; 106.06C Times reported for each step in completing the process to win; and 106.06D Times reported for completing each game as a whole. 106.07 The laboratory must test for the presence of those items listed in Reg-54-103.05A-D which are not by themselves sufficient indication of skill: 106.08 In the event DOR determines that a second evaluation of a device is necessary, it may seek testing from a separate qualified laboratory. (Neb. Rev. Stat. §§ 77-3001, 77-3003.01, 77-3006. November 4, 2020.)