Sec. 36.07.04.10. Surveillance Operating Procedures

A. A facility operator shall submit to the Commission for review and written approval its surveillance operating procedures.

B. A facility operator’s surveillance operating procedures shall, at a minimum, require:

(1) Coverage of all areas and transactions enumerated in Regulation .09;

(2) Contingency plans addressing:

(a) Full and partial failure of the surveillance system including:

(i) A contact list with telephone numbers for individuals required to be notified in the event of a failure; and

(ii) Facility closure protocols; and

(b) Planned shutdown of the surveillance system;

(3) A surveillance incident log:

(a) Maintained in:

(i) A book with bound numbered pages that cannot be readily removed; or

(ii) An electronic format equipped with software that prevents modification of an entry after it has been initially entered into the system; and

(b) Documenting the scheduled coverage in §B(1) of this regulation and all other non-routine surveillance activity, such as:

(i) The date and time surveillance is commenced;

(ii) The name of the individual initiating, performing, or supervising the surveillance;

(iii) The reason for the surveillance;

(iv) Whether the suspicious activity involves an alleged regulatory violation or criminal activity;

(v) The name, if known, alias or description of an individual being monitored;

(vi) A description of the activity in which the individual being monitored is engaged;

(vii) A reading on a meter, counter or device that identifies the point on the video recording at which the event was recorded;

(viii) The time at which a video recording is commenced and terminated, if different than when surveillance is commenced or terminated;

(ix) The date and time surveillance is terminated;

(x) A summary of the results of the surveillance; and

(xi) A description of the time, date and cause of any equipment or camera malfunction which occurred during the conduct of surveillance;

C. A facility operator may not implement a change or amendment in its surveillance system or surveillance operating procedures approved by the Commission without the prior written approval of the Commission.