OHIO CASINO CONTROL COMMISSION 
 
 
 
     Mike DeWine                                                                                                         June E. Taylor  
      Governor                                                                                                                 Chair  
 
100 E . Broad Stre et – 20th Floor – Columbus, OH 43215  
(855) 800-0058 toll -free  
www.casinocontrol.ohio.gov  
 
NOTICE OF PUBLIC HEARING  
 
A public  hearing will be held by the Ohio Casino Control Commission (“Commission”) on 
Wednes day, April 27 , 2022  at 2:00 p.m. at its main office, located at 100 E. Broad Street, 20th 
Floor, Columbus, Ohio 43215. The purpose of the hearing is to solicit public comment on the rules 
contained in ERF package number  192044, summaries of which are below.  
 
All interested parties are invited to attend the hearing and present testimony. Written co mments 
may also be submitted to the attention of William Cox, Deputy General  Couns el, Ohio Casino 
Control Commissi on, at 100 E. Broad Street, 20th Floor, Columbus, OH 43215, or by electronic 
mail at rulecomments@casinocontrol.ohio.gov .  
 
 
Rule Summaries  
 The rules presented here  are being reviewed pursuant to the state’s rule -review requirement in R.C. 
106.03 and are those rules  contained in Ohio Adm.Code Chapter s 3772- 15 (Independent Testing 
Laboratories) and 3772- 20 (Security Services). Many of the revisions are meant to improve clarity 
or readability or to reduce redundancies in and between the Administrative and Revised Codes.  
Some consistent changes made throughout include better specifying when an action is required to be taken by the C ommission at a public meeting , the executive director, or by staff of the agency. 
Additionally, many changes have been made to update, streamline, and standardize rule language.   
 
• 3772- 15-01 (amendment), titled “Independent testing laboratory certification.” This rule 
allows independe nt testing laboratories to apply for certification to the Commission to test 
electronic gaming equipment for compliance with R.C. Chapter 3772. and the rules adopted thereunder. The purpose of this rule is to carry out the Commission’s statutory mandate to  
certify independent testing laboratories under R.C. 3772.31 and to set the standards and 
duties of these labs under R.C. 3772.03. The amendment to this rule makes a number of  
changes. First, it broadens a current clarification, stating that certification to test equipment or goods in any other gaming industry does not grant authority for a lab to test casino gaming equipment . Currently, this clarification only directly captures skill -based 
amusement machines. Next, it pulls several provisions  from Ohio Adm.Code 3772- 15-02 
and 3772- 15-03 into this rule to better streamline the Code. As a result of this and additional 
changes to 3772- 15-04, current 3772- 15-02 and - 03 are being rescinded. In so doing, this 
amendment raises the fee for certification from $2,000 to $5,000, while also raising the length of certifications from three  years to five . This is the first time this fee has been raised 
since the inception of casino gaming. The new fee is still in -line with the low end of what 
other jurisdictions charge and will better approximate staff’s actual costs in evaluating and 
certifying a testing lab. Other than the fee  and certification -length  changes, the other ACTION: Original DATE: 03/22/2022 8:11 AM
PHN p(192044) pa(338311) d: (798484) print date: 03/22/2022 8:15 AM2 
 provisions pulled from 3772- 15-02 and 3772- 15-03 have only minimal streamlining and 
language standardization changes made. These provisions include the method by which 
labs can request certification renewal and the requirement that labs undergo a compliance 
investigation at least once per certification period.   
• 3772- 15-02 (rescind) , titled “Independent testing laboratory information, certification 
period, and certification renewal.” This rule is being rescinded and combined into the amended version of Ohio Adm.Code 3772- 15-01 and the new version of 3772- 15-02 
(previous 3772- 15-04). As such, those moved provisions are summarized in those rules.  
 
• 3772- 15-02 (new) , titled “Compliance investigation of an independent testing laboratory.” 
This rule, while “new,” consists solely of those provisions in current Ohio Adm.Code 
3772- 15-04, combined with some provisions from the current  3772 -15-02. 3772- 15-04 
currently provi des the factors the Commission will consider when conducting a 
background investigation of an independent testing laboratory, including the laboratory’s ability to test for the technical requirements under R.C. Chapter 3772. and the rules adopted thereunde r, the lab’s corporate structure, its policies and procedures, its staff experience 
and expertise, its equipment , and its financial viability . As to those provisions brought over 
from 3772- 15-02, those provisions specify that any lab seeking certification must provide 
the Commission with any documents requested at the labs cost and that any confidential information contained in those documents should be marked as such. The purpose of this rule is to ensure testing laboratories meet the requirements R.C.  3772.31, as well as those 
standards for labs that the Commission adopted by rule under its R.C. 3772.03 statutory mandate. The changes to these currently existing provisions are solely aimed at 
streamlining and standardizing rule language.  
 
• 3772- 15-03 ( rescin d), titled “Certification fees.” This rule is being rescinded and 
combined into amended Ohio Adm.Code  3772- 15-01. As such, the former provisions of 
this rule are summarized there.  
 
• 3772- 15-03 (new), titled “ Requirements  of certification.” This rule , while “new,” consists 
solely of the previous provisions of current Ohio Adm.Code 3772- 15-05. Those provisions 
provide  the requirements that certified independent testing laboratories must agree to or 
must meet in order to obtain and maintain certification. These conditions include, among 
others, obtaining professional liability insurance, ensuring consistent testing, maintaining accreditation, maintaining testing records, and providing assistance and training to the Commiss ion. The purpose of this rule is to ensure testing laboratories meet the 
requirements R.C. 3772.31, as well as those standards for labs that the Commission adopted by rule under its R.C. 3772.03 statutory mandate. The amendments to this rule consist of changes largely intended to streaml ine, standardize, or better organize rule language. The 
substantive changes to the rule include removing two provisions that have proven unnecessary regarding a requirement that labs provide twenty -four-hour assistance and t hat 
labs have internal controls regarding separating individual duties for review and approval 
of equipment. Of note, several changes have been made to lab’s record -retention periods. 
Generally speaking, labs must keep records for at least five- years, whic h corresponds to 
the standard five -year records -retention requirement for all casino gaming in Ohio 3 
 Adm.Code 3772- 1-07. However, the amendment states that certain records must be kept 
longer. For instance, labs must maintain records related to approved gam ing equipment for 
five-years after the associated approval is no longer in effect. Labs must also maintain for 
a period of five years after the relevant certification period all software and associated 
source code submitted for testing, but not subsequentl y approved by the commission. These 
longer retention schedules are justified because the labs are “standing in the shoes” of the Commission as the testers of casino equipment and gaming equipment often continues in use long past five years. As such, these records must be kept to ensure the integrity of casino gaming. 
 
• 3772- 15-04 (rescind) , titled “Background investigation of an independent testing 
laboratory.” This rule is being rescinded and combined with current 3772- 15-02 into new 
3772- 15-02. As such, th ese provisions are summarized in new 3772- 15-02. 
 
• 3772- 15-04 (new), titled “Duties of a certified independent testing laboratory.” This rule, 
while “new,” consists solely of the previous provisions of current Ohio Adm.Code 3772-
15-06. Those provisions provide for the general duties of a certified independent testing 
laboratory. These duties include to test electronic gaming equipment for compliance with R.C. Chapter 3772 and the rules adopted thereunder; providing reports to the Commission of test results; serving as a witness in legal proceedings; and  adopting internal procedures 
to ensure the suitability of the laboratories’ procedures, equipment, and employees. The purpose of this rule is to ensure testing laboratories meet the requirements R.C. 3772.31, as well as those standards for labs that the Commission  adopted by rule under its R.C. 
3772.03 statutory mandate. The amendments to this rule are largely intend ed to streamline 
and standardize must language; however, a requirement that testing labs run a credit check 
on its employees has been removed as unnece ssary.  
 
• 3772- 15-05 (rescind) , titled “Conditions of certification.” This rule is being rescinded and 
moved to new Ohio Adm.Code 3772- 15-03. As such, the former provisions of this rule are 
summarized there.  
 
• 3772- 15-06 (rescind) , titled “Duties of a certifi ed independent testing laboratory.” This 
rule is being rescinded and moved to new Ohio Adm.Code 3772- 15-04. As such, the former 
provisions of this rule are summarized there.  
 
• 3772- 20-01 (amendment), titled “Security department.” This rule specifies that casino 
operators must have a security department to provide unarmed security at the casino  and 
lays out the duties that the department must accomplish . These duties include protecting 
people and property; assisting, notifying, and reporting to the Commission certain crimes 
or suspected crimes; and maintaining procedures for reports, asset protection, and common disturbances at the casinos. Finally, the rule lays out a general prohibition on the permittance of a firearm onto casino property , while encapsulatin g certain statutory or 
safety -sensitive exceptions. The purpose of this rule is to prescribe security requirements 
as required by R.C. 3772.03, to protect the safety of Ohioans and the integrity of casino gaming, and to assist the Commission in accomplishing several of its statutory powers under R.C. 3772.033. The amendment to this rule is largely intended to streamline and 4 
 standardize rule language. The larger changes include moving paragraph (B) of the current 
rule to Ohio Adm.Code 3772- 15-02, requiring immediate notification to the Commission 
of inquiries  by law enforcement or regulators regarding an applicant or licensee’s conduct, 
and better clarifying the duties of a security guard in halting a person whose actions may cause bodily harm.  
 
• 3772- 20-02 (amendment), titled “Security department staffing.” Th is rule specifies that 
the casino operator shall maintain sufficient security staffing to ensure both safety and the 
integrity of casino gaming. The purpose of this rule is to prescribe security requirements 
as required by R.C. 3772.03, to protect the safe ty of Ohioans and the integrity of casino 
gaming, and to assist the Commission in accomplishing several of its statutory powers under R.C. 3772.033. The amendment to this rule moves previous Ohio Adm.Code 3772-
20-01(B), requiring security staff to hold a valid Commission license and be casino 
employees, to this rule. It also removes the specific considerations of when security officer staffing should be increased, opting for a more generalized standard of as necessary to meet 
business demands and to ensure both safety and the integrity of casino gaming. The 
amendment  also gives the Executive Director the ability to raise the minimum required 
staffing in the security plan. Finally, the amendment removes a duplicative provision 
requiring a Director of Security  at each casino.  
 
• 3772- 20-03 (amendment), titled “Training.” This rule specifies that each casino operator 
must provide training to all members of its security department, including training on the 
other rules in the Chapter and on the awareness and detection of suspected human 
trafficking . The purpose of this rule is to prescribe security requirements as required by 
R.C. 3772.03, to protect the safety of Ohioans and the integrity of casino gaming, and to assist the Commission in accomplishing several of its statutory powers under R.C. 3772.033. The amendment to this rule removes a requirement that this training must be laid 
out in a plan for Commission approval. Otherwise, the amendment is solely intended to standardize rule language.  
 
• 3772- 20-04 (amendment), titled “Security plan.” This rule spe cifies that each casino 
operator must have a security plan, approved by the Commission and containing certain information, before the commencement of casino gaming.  The plan must include an 
organizational chart, the duties of each position, provisions for staffing, and an emergency operations plan, among others. The purpose of this rule is to prescribe security 
requirements as required by R.C. 3772.03, to protect the safety of Ohioans and the integrity of casino gaming, and to assist the Commission in accom plishing several of its statutory 
powers under R.C. 3772.033. The amendments to this rule are solely intended to standardize rule language.  
 
• 3772- 20-05 (amendment), titled “Emergency operations plan.” This rule specifies that the 
casino operator must have an emergency -operations plan to deal with certain emergency 
situations, including severe storms, fires, and active shooter scenarios. Further, the rule specifies that the Commission should be notified at the time that an emergency arises. The 5 
 purpose of this rule is to prescribe security requirements as required by R.C. 3772.03, to 
protect the safety of Ohioans and the integrity of casino gaming, and to assist the Commission in accomplishing several of its statutory powers under R.C. 3772.033. The 
amendment  to this rule is solely intended to streamline or standardize rule language  
 
• 3772- 20-06 (amendment), titled “Incident reports.” This rule requires casino operators to 
prepare reports regarding specific kinds of incidents at the casino, including injuries, underage gambling, removal of patrons, and several different types of illegal activity. The rule further specifies what information the report must contain and that each report must be provided to the Commission. The purpose of this rule is to prescribe security 
requirements as required by R.C. 3772.03, to protect the safety of Ohioans and the integrity of casino gaming, and to assist the Commission in accomplishing several of its statutory powers under R.C. 3772.033. The amendment to this rule is largely a imed at streamlining 
or standardizing rule language. Two more substantive changes include the casino operator 
needing to generate an incident report anytime an unescorted underage individual is found in a gaming area and changing the way in which the opera tor makes these reports available 
to the Commission, which is in line with current actual practice.  
 
• 3772- 20-07 (amendment), titled “Security detention area.” This rule specifies that the 
security department must have at least one designated security deten tion area and that if a 
person is being detained, then a member of the security department must be present. The rule further specifies that the area be safe, secure, and monitored by surveillance.  The 
purpose of this rule is to prescribe security requireme nts as required by R.C. 3772.03, to 
protect the safety of Ohioans and the integrity of casino gaming, and to assist the Commission in accomplishing several of its statutory powers under R.C. 3772.033. The 
amendment to this rule is largely to standardize ru le language. The amendment also 
includes a specification that the executive director must designate and approve the detention area.  
 
• 3772- 20-08 (amendment), titled “Communications system.” This rule specifies that each 
casino operator must have a communications system that allows all members of the department to communicate and that is useable by the Commission upon request. The purpose of this rule is to pr escribe security requirements as required by R.C. 3772.03, to 
protect the safety of Ohioans and the integrity of casino gaming, and to assist the Commission in accomplishing several of its statutory powers under R.C. 3772.033. The amendment to this rule is  solely to standardize rule language.