Sec. 36.04.01.02. 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(3) 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 the central monitor and control system or a video lottery terminal.

D. Modification, alteration, or tampering with the central monitor and control system or a video lottery terminal may result in the immediate suspension of an operation license by the Commission.

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

(1) The central monitor and control system;

(2) A video lottery terminal;

(3) The interoperability between a video lottery terminal and:

(a) A video lottery terminal data system;

(b) A casino management system;

(c) A gaming ticket system;

(d) A promotional play system;

(e) A player tracking system;

(f) A ticket redemption unit;

(g) An automated jackpot payout machine;

(h) An external bonusing system;

(i) A cashless funds transfer system; and

(j) A progressive controller; 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) Conformance with State Government Article, §9-1A, Annotated Code of Maryland, and this subtitle;

(3) The technical standards enumerated in any Request for Proposals, issued by the Commission pertaining to the equipment, system, or software, as amended or clarified; and

(4) If applicable, compatibility and compliance with the central monitor and control system communication protocol designated by the Commission, including the ability to communicate with the central monitor and control system on a real-time basis for:

(a) Meter retrieval; and

(b) Video lottery terminal:

(i) Status; and

(ii) Activation and deactivation.

G. Until such time as the Commission determines it has assembled a list of approved equipment, systems, and software sufficient to meet the needs of facility operators under State Government Article, §9-1A-21(d), Annotated Code of Maryland, notwithstanding the requirements of Regulations .03 and .04 of this chapter, the Commission may permit an abbreviated testing and approval process in accordance with the requirements of Regulation .05 of this chapter.

H. If a facility operator develops any equipment, system, or software that is functionally equivalent to that enumerated in §E(3) of 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.

I. 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.