PROPOSED RULEMAKING
PENNSYLVANIA GAMING
CONTROL BOARD
[58 PA. CODE CHS. 461a AND 469a ]
Private Testing and Certification Facilities
The Pennsylvania Gaming Control Board (Board), un-
der the general authority in 4 Pa.C.S. § 1202(b)(30)(relating to general and specific powers) and the specificauthority in 4 Pa.C.S. §§ 1320(b.1), 13A41(b.1), 13B02,13C02 and 3302, proposes to amend Chapter 461a (relat-ing to slot machine and table game device testing andcontrol) and add Chapter 469a (relating to private testingand certification facilities) to read as set forth in Annex A.
Purpose of this Proposed Rulemaking
This proposed rulemaking is to provide standards for
the registration of private testing and certification facil-ities in this Commonwealth.
Explanation
Chapter 461a is proposed to be amended to provide
procedures for the testing of slot machines, table games,table game devices, interactive games, sports wageringdevices, video gaming terminals and all associated equip-ment at private testing and certification facilities. Previ-ously this chapter only applied to slot machines, tablegame devices and associated equipment. However, withthe gaming expansion in the amendments to 4 Pa.C.S.§§ 1101—1904 (relating to Pennsylvania Race Horse andDevelopment and Gaming Act) to include interactivegaming, sports wagering and video gaming, the additionof these forms of games and gaming equipment to thetesting requirements was necessary.
Additional amendments are made to provide for the
abbreviated review and approval process required by4 Pa.C.S. §§ 1320(b.1) and 13A41(b.1) (relating to slotmachine testing and certification standards; and tablegame device and associated equipment testing and certifi-cation standards). Under these provisions, the Board’sExecutive Director shall approve or deny a completedsubmission to the Office of Gaming Laboratory Opera-tions within 30 days of the submission when the game orgaming device submitted for testing has been reviewed bya private testing and certification facility. If the Office ofGaming Laboratory Operations requires more time tocomplete the review of the report from the testing facility,or the submission is deemed not complete, the 30 daysmay be tolled.
Chapter 469a is proposed to be added to the Board’s
regulations. This chapter provides for the registration of aprivate testing and certification facility as a RegisteredGaming Service Provider and sets forth the standard andrequirements for registration. Proposed § 469a.1 (relatingto private testing and certification facilities generally)sets forth the general provisions of use of a privatetesting and certification facility by a manufacturer orgaming-related gaming service provider. Proposed§ 469a.2 (relating to registration of private testing andcertification facilities) provides the licensing process forprivate testing and certification facilities, including appli-cation requirements for both the entity and individualswho own or are in a position of authority of the facility.Proposed § 469a.3 (relating to standards for privatetesting and certification facilities) establishes the stan-dards that a private testing and certification facility must
meet to be considered suitable for registration. Proposed§ 469a.4 (relating to responsibilities of a private testingand certification facility) provides the responsibilities thata private testing and certification facility must fulfillduring its term of registration with the Board. Lastly,proposed § 469a.5 (relating to registration term andrenewal) sets forth the term and renewal of a registra-tion.
Fiscal Impact
Commonwealth. The Board does not expect that this
proposed rulemaking will have a fiscal impact on theBoard or other Commonwealth agencies. The licensingapplications will be handled by existing Board staff, aswill review of game or gaming device submissions.
Political subdivisions. This proposed rulemaking will
not have a fiscal impact on political subdivisions of thisCommonwealth.
Private sector. This proposed rulemaking will provide
manufacturers and gaming-related gaming service provid-ers the opportunity to have their products reviewed byprivate testing and certification facilities and seek abbre-viated approval by the Board. The testing by privatetesting and certification facilities will likely require feesto be paid but will provide for an expedited approvalprocess with the Board, allowing the product to be offeredfor play or implementation quicker.
General public. This proposed rulemaking will not have
a fiscal impact on the general public.
Paperwork Requirements
The private testing and certification facility seeking
registration will be required to file an application andsupplement with the Board. Additionally, any game orgaming product that is submitted to the Office of GamingLaboratory Operations must be accompanied by a testingreport prepared by the private testing and certificationfacility, in addition to the other required submissiondocuments.
Effective Date
This proposed rulemaking will become effective upon
final-form publication in the Pennsylvania Bulletin .
Public Comments
Interested persons are invited to submit written com-
ments, suggestions or objections regarding this proposedrulemaking within 30 days after the date of publication inthe Pennsylvania Bulletin . Public comments should be
addressed to Chad W. Zimmermann, Assistant ChiefCounsel, Attention: Regulation # 125-240 Public Com-ment, Pennsylvania Gaming Control Board, 303 WalnutStreet, 5th Floor, Harrisburg, PA 17101.
Contact Person
The contact person for questions about this proposed
rulemaking is Chad W. Zimmermann, Assistant ChiefCounsel, (717) 265-8356.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71
P.S. § 745.5(a)), on March 25, 2022, the Board submitteda copy of this proposed rulemaking and a copy of aRegulatory Analysis Form to the Independent RegulatoryReview Commission (IRRC) and to the Chairpersons ofthe House Gaming Oversight Committee and the Senate2211
PENNSYLVANIA BULLETIN, VOL. 52, NO. 16, APRIL 16, 2022Community, Economic and Recreational Development
Committee. A copy of this material is available to thepublic upon request and is available on the Board’s website at www.gamingcontrolboard.pa.gov.
Under section 5(g) of the Regulatory Review Act, IRRC
may convey any comments, recommendations or objec-tions to this proposed rulemaking within 30 days of theclose of the public comment period. The comments, recom-mendations or objections must specify the regulatoryreview criteria in section 5.2 of the Regulatory Review Act(71 P.S. § 745.5b) which have not been met. The Regula-tory Review Act specifies detailed procedures for review,prior to final publication of the rulemaking, by the Board,the General Assembly and the Governor.
DENISE J. SMYLER,
Chairperson
Fiscal Note: 125-240. No fiscal impact; (8) recom-
mends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart E. SLOT MACHINE, TABLE GAME DEVICE
AND ASSOCIATED EQUIPMENT TESTING AND
CONTROL; ACCOUNTING AND CONTROLS
CHAPTER 461a. Slot Machine
[and],Table Game
Device , Interactive Game, Sports Wagering Device,
Video Game Terminal, and Associated Equipment
Testing and Control
§ 461a.3. Testing and approval of games and gaming
devices, generally.
(a) In accordance with sections 1320 [and],13A41 ,
13B41 and 3701 of the act [(relating to slot machine
testing and certification standards; and table game
device and associated equipment testing and certi-
fication standards) ],slot machines, table games,
table game devices , interactive games, sports wager-
ing devices, video gaming terminals and allassoci-
ated equipment operated in this Commonwealth must be
tested and approved in accordance with § 461a.4(g)
[(relating to submission for testing and approval) ],
Chapters 810a, 1112a and 1407a .
(b) The general cost of establishment and operation of
the Board’s testing facility shall be paid by each manu-facturer licensee and gaming related gaming serviceprovider on a quarterly basis based upon each manufact-urer’s or gaming related gaming service provider’s propor-tion of the total number of products reviewed.
(c) The Board will require payment of all costs for the
testing and approval of slot machines, tables games,
table game devices , interactive games, sports wager-
ing devices, video gaming terminals and allassoci-
ated equipment submitted by manufacturers or gaming
related gaming service providers or installed at a licensedfacility or offered on an approved interactive gam-
ing or interactive sports wagering web site or
mobile application based on the actual direct costs
incurred by the Board.
(d) The Board will require a manufacturer licensee or
gaming related gaming service provider seeking approvalof a slot machine, table games, table game device ,
interactive game, sports wagering device, video
gaming terminal orallassociated equipment to pay all
costs of transportation, inspection and testing.(e) Testing of slot machines, table games, table
game devices, interactive games, sports wagering
devices, video gaming terminals and all associated
equipment may also be conducted at registered
private testing and certifications facilities in ac-
cordance with sections 1320(b.1), 13A41(b.1),
13B02(a)(2) and 3701(e) of the act and Chapter 469a
(relating to private testing and certification facil-
ities), and a report of the testing shall be provided
to the Board for abbreviated certification and ap-
proval.
(f) The Bureau of Gaming Laboratory Operations
shall review the report from the registered private
testing and certification facility, and prior to instal-
lation or use of a slot machine, table game, table
game device, interactive game, sports wagering
device or video gaming terminal and all associated
equipment at a licensed facility, on an authorized
interactive gaming or sports wagering web site or
mobile application, or at a licensed truck stop
establishment, shall report the findings to the
Board’s Executive Director for abbreviated certifi-
cation and approval in accordance with § 461a.4
(relating to submission for testing and approval).
§ 461a.4. Submission for testing and approval.
(a) A slot machine, table game, table game device ,
interactive game, sports wagering device, video
gaming terminal orallassociated equipment identified
in subsection (c) (collectively referred to as ‘‘products’’ or
‘‘equipment, device or software’’), or a modificationthereto, may not be offered for sale, lease or distribution
for ultimate use by a[slot machine ]licensee in this
Commonwealth unless a prototype identical in all me-
chanical, electrical, electronic and other respects has beentested by the Bureau of Gaming Laboratory Operationsand approved by the Board’s Executive Director.
(b) When an applicant for, or holder of, a
[slot ma-
chine ]license develops software or a system that is
functionally equivalent to any of the slot systems or table
game systems enumerated in subsection (c), interactive
game systems, sports wagering systems or video
gaming terminal systems, that software or system
shall be subject to the testing and approval process of this
subpart to the same extent as if the software or systemwere developed by an applicant for, or holder of, amanufacturer license. Any reference in this subpart to theresponsibilities of a manufacturer applies to an applicant
for, or holder of, a
[slot machine ]license developing
software or systems subject to testing and approval under
this subpart.
(c) For the purposes of this section, slot machines,
table games, table game devices , interactive games,
sports wagering devices, video gaming terminals
and allassociated equipment that shall be submitted for
testing and approval include:
(1) Slot machines, including bill validators and print-
ers.
(2) Slot monitoring systems, to the extent the systems
interface with slot machines and related systems.
(3) Casino management systems, to the extent the
systems interface with slot machines and related systems.
(4) Player tracking systems, to the extent the systems
interface with slot machines and related systems.
(5) Progressive systems, including wide area progres-
sive systems.2212 PROPOSED RULEMAKING
PENNSYLVANIA BULLETIN, VOL. 52, NO. 16, APRIL 16, 2022(6) Gaming voucher systems.
(7) External bonusing systems.(8) Cashless funds transfer systems.(9) Machines performing gaming voucher, coupon or
jackpot payout transactions.
(10) Coupon systems, to the extent the systems inter-
face with slot machines and related systems.
(11) Other related systems.(12) Table game devices including:(i) Electronic gaming tables as described in § 605a.4
(relating to electronic gaming tables).
(ii) Fully automated electronic gaming tables as de-
scribed in § 605a.5 (relating to fully automated electronicgaming tables and electronic wagering terminals).
(iii) Progressive table game systems as described in
§ 605a.7 (relating to progressive table games).
(iv) Automated card shuffling devices as described in
§ 603a.17 (relating to dealing shoes; automated cardshuffling devices).
(v) Electronic dealing shoes as described in § 603a.17.(vi) Electronic wagering systems as described in
§ 605a.2 (relating to electronic wagering systems).
(vii) Electronic wagering terminals as described in
§ 605a.5.
(viii) Hybrid gaming tables as described in § 605a.9
(relating to hybrid gaming tables).
(13) Interactive games and interactive gaming
platforms and systems.
(14) Sports wagering terminals and ticket re-
demption terminals.
(15) Video gaming terminals, including bill
validators and ticket printers.
(16) Video gaming voucher redemption terminals.
(17) Video gaming terminal tracking and report-
ing systems.
(d) Slot machine prototypes, table game prototypes ,
table game device prototypes, interactive game and
platform prototypes, sports wagering device proto-
types, video gaming terminal prototypes and all
associated equipment prototypes, and modifications
thereto, which are subject to testing and approval underthis section will be evaluated by the Bureau of GamingLaboratory Operations for overall operational integrityand compliance with the act, this subpart and technicalstandards adopted by the Board as published in thePennsylvania Bulletin and posted on the Board’s web site.
In addition, with regard to any slot machine, fullyautomated electronic gaming table, electronic wageringterminal or modification thereto, the Bureau of GamingLaboratory Operations will test for compatibility andcompliance with the central control computer and protocolspecifications approved by the Department including theability to communicate with the central control computerfor the purpose of transmitting auditing program infor-mation, real time information retrieval and activation anddisabling of slot machines, fully automated electronicgaming tables and electronic wagering terminals.
*****
(g) When an applicant for, or holder of, a manufacturer
license to manufacture slot machines, table games,
table game devices, interactive games, sports wa-gering devices, video gaming terminals and all
associated equipment or a gaming related gaming
service provider seeks Board approval of a slot machine
prototype, table game prototype, table game device
prototype, as described in subsection (c)(12), interactive
game and platform prototypes, sports wagering
device prototype, video gaming terminal prototype,
associated equipment prototype, or any modification
thereto, the manufacturer or gaming related gamingservice provider shall submit to the Bureau of GamingLaboratory Operations the following:
*****
(10) In the case of gaming related services, as de-
scribed in § 613a.1 (relating to definitions; general re-quirements), which are submitted by an applicant for orholder of a manufacturer license or gaming relatedgaming service provider certification:
(i) A mathematical explanation of the theoretical re-
turn to the player, listing all assumptions, all steps in theformula from the first principles through to the finalresults of all calculations including bonus pays and, whena game requires or permits player skill in the theoreticalderivations of the payout return, the source of thestrategy.
(ii) A detailed description of the gaming related service
including the rules of play and wagering that would beused for the new table game or feature.
(iii) The true odds, the payout odds and the house
advantage for each wager.
(iv) A sketch or picture of the game layout, if any.(v) Sketches or pictures of the equipment used to play
the game.
(11) In the case of slot machines, table games,
table games devices, interactive games, sports wa-
gering devices, video gaming terminals and all
associated equipment or modifications thereto that
have been tested by a registered private testing and
certification facility, the manufacturer or gaming
related gaming service provider shall direct the
facility to provide to the Bureau of Gaming Labora-
tory Operations for review a detailed report from
the registered private testing and certification fa-
cility regarding the scope of the testing and the
results of the testing performed on the slot ma-
chine, table game, table game device, interactive
game, sports wagering device, video gaming termi-
nal and all associated equipment or modification
made thereto, in addition to all other items re-
quired in the specific submission checklist to be
provided by the manufacturer or gaming related
gaming service provider.
(h) At the conclusion of testing of a prototype or
modification by the Bureau of Gaming Laboratory Opera-tions, but prior to a decision to approve a prototype ormodification, the Board’s Executive Director may requirea trial period of scope and duration as he deems appropri-ate to assess the operation of the prototype or modifica-tion in a live gaming environment. The conduct of thetrial period shall be subject to compliance by the licensedmanufacturer, licensed manufacturer designee, applicablelicensed suppliers, gaming related gaming service pro-vider and the slot machine licensee with specific termsand conditions as may be required by the Board’s Execu-tive Director, which may include development and imple-mentation of product specific accounting and internalcontrols, periodic data reporting to the Board’s ExecutiveDirector and compliance with technical standards on trialPROPOSED RULEMAKING 2213
PENNSYLVANIA BULLETIN, VOL. 52, NO. 16, APRIL 16, 2022periods or the prototype or modification adopted by the
Board as published in the Pennsylvania Bulletin and
posted on the Board’s web site. The Board’s ExecutiveDirector may authorize the receipt of compensation by alicensed manufacturer, licensed manufacturer designee,licensed supplier or gaming related gaming service pro-vider during the trial period. The Board’s ExecutiveDirector may order termination of the trial period if itdetermines that the licensed manufacturer, licensed man-ufacturer designee, applicable licensed suppliers, gamingrelated gaming service provider or the slot machinelicensee conducting the trial period has not complied withthe terms and conditions required by the Board’s Execu-tive Director or that the product is not performing asexpected.
(i) At the conclusion of testing of a prototype or
modification or after review of the report provided
by the registered private testing and certification
facility , the Bureau of Gaming Laboratory Operations
will report to the Board’s Executive Director the results of
its testing and the results from the private testing
and certification facility, if applicable . Upon receipt
of the Bureau of Gaming Laboratory Operations’ report,
the Board’s Executive Director will either :
(1) Approve, approve with conditions or reject the
submitted prototype or modification.
(2) Require additional testing or a trial period under
subsection (h).
(j) The Board’s Executive Director approval of a proto-
type or modification does not constitute a guarantee ofthe prototype’s or modification’s safety.
(k) A[slot machine ]licensee is prohibited from
installing in its licensed facility [a slot machine, table
game device or associated equipment ]or otherwise
offering for play equipment, device or software ,o r
modification thereto, that is required to be tested unless
the equipment, device or software has been approved by
the Board’s Executive Director. A [slot machine ]licen-
see may not modify, alter or tamper with an approved slot
machine, table game, table game device , interactive
game, sports wagering device, video gaming termi-
nal orany associated equipment. [A slot machine,
table game device or associated equipment ]Equip-
ment, devices or software installed in a licensed
facility or otherwise offered for play in contravention
of this requirement will be subject to seizure by the
Board.
(l) Notwithstanding subsection (k), the Board’s Execu-
tive Director may authorize installation of a modificationto a slot machine prototype, table game prototype ,
table game device prototype , interactive game or plat-
form prototype, sports wagering device prototype,
video gaming terminal prototype orany associated
equipment prototype on an emergency basis to prevent
cheating or malfunction, upon the written request of alicensed manufacturer. The request must expressly detailthe name and employer of any persons to be involved inthe installation of the modification and the manner inwhich it is to be effected. Within 15 days of receipt of anyauthorization to install an emergency modification, themanufacturer shall submit the modification for full test-ing and approval in accordance with this subpart.
(m) A
[slot machine ]licensee shall immediately
notify the Bureau of Gaming Laboratory Operations and
the casino compliance representatives at the licensedfacility , the Bureau of Gaming Operations for inter-active gaming, the Office of Sports Wagering Opera-
tions or the Bureau of Casino Compliance for video
gaming of any known or suspected defect or malfunction
in any slot machine, table game , table game device ,
interactive game, sports wagering device, video
gaming terminal orany associated equipment installed
in its licensed facility or on its interactive gaming
website or mobile application . The [slot machine ]
licensee shall comply with instructions issued by the
Bureau of Gaming Laboratory Operations with regard tothe continued operation of the slot machine, table game ,
table game device , interactive game, sports wagering
device, video gaming terminal orany associated
equipment.
(n) Concurrent with the initial receipt of slot machines,
a slot machine licensee shall file a slot machine masterlist as required by § 463a.5 (relating to slot machine,electronic wagering terminal and fully automated elec-tronic gaming table master lists).
(o) The testing of equipment, devices or software under
this subpart may require the dismantling of the productand testing that may result in damage to, or destructionof, one or more systems or components. Once submittedfor testing, equipment, devices or software will not bereturned to the manufacturer.
(p) The Executive Director shall approve, ap-
prove with conditions, reject the submitted proto-
type or modification or require additional testing
or a trial period under subsection (h) within 30
days of the complete submission of a slot machine,
table game, table game device, interactive game,
sports wagering device, video gaming terminal and
all associated equipment by a manufacturer or
gaming related gaming service provider that has
been submitted to the Board for abbreviated certifi-
cation with a testing report from a registered
private testing and certification facility. The follow-
ing apply:
(i) A submission will not be considered complete
if it does not contain all necessary documentation
as required under subsection (g)(11).
(ii) If after the submission is made the Bureau of
Gaming Laboratory Operations determines that a
submission is incomplete, the manufacturer or gam-
ing related gaming service provider will be given
written notice of the deficiencies in the submission.
(iii) In the instance of an incomplete submission,
the 30-day review for abbreviated certification will
only begin when the manufacturer or gaming re-
lated gaming service provider provides the supple-
mental information to the Bureau of Gaming Labo-
ratory Operations.
(q) If the Executive Director fails to approve,
approve with conditions, reject the submitted pro-
totype or modification or require additional testing
or a trial period under subsection (h) within 30
days of the completed submission a slot machine,
table game device, interactive game, sports wager-
ing device, video gaming terminal and all associ-
ated equipment submitted to the Board for abbrevi-
ated certification, the abbreviated certification
shall be deemed conditionally approved until the
Executive Director renders a decision under sub-
section (i).
(r) If a manufacturer or gaming related gaming
service provider has provided a complete submis-2214 PROPOSED RULEMAKING
PENNSYLVANIA BULLETIN, VOL. 52, NO. 16, APRIL 16, 2022sion to the Bureau of Gaming Laboratory Opera-
tions for abbreviated certification but the review of
the submission cannot feasibly be completed within
30 days, the manufacturer or gaming related gam-
ing service provider will receive written notice
tolling the review of the submission until a time as
a review of the submission can be completed.
(s) If during the 30-day review period in subsec-
tion (p), the Bureau of Gaming Laboratory Opera-
tions preliminarily determines that a complete sub-
mission of a slot machine, table game, interactive
game, sports wagering device, video gaming termi-
nal and all associated equipment contains an issue
or insufficiency likely to negatively affect the integ-
rity of gaming operations, the Bureau of Gaming
Laboratory Operations, by written notice to the
manufacturer or gaming related gaming service
provider, will do all of the following:
(i) Specify the nature of the insufficiency.
(ii) Direct that the 30-day review period in sub-
section (p) be tolled and that any slot machine,
table game, table game device, interactive game,
sports wagering device, video gaming terminal or
any associated equipment not be implemented until
approved under subsection (q).
(Editor’s Note : The following chapter is proposed to be
added and is printed in regular type to enhance readabil-ity.)
CHAPTER 469a. PRIVATE TESTING AND
CERTIFICATION FACILITIES
Sec.
469a.1. Private testing and certification facilities generally.469a.2. Registration of private testing and certification facilities.469a.3. Standards for private testing and certification facilities.469a.4. Responsibilities of a private testing and certification facility.469a.5. Registration term and renewal.
§ 469a.1. Private testing and certification facilities
generally.
(a) Manufacturers of slot machines, table games, table
game devices, interactive games, sports wagering devices,video gaming terminals and all associated equipment orgaming related gaming service providers may submitproducts required to be tested under Chapter 461a (relat-ing to slot machine and table game device testing andcontrol) to a private testing and certification facilityregistered with the Board under this chapter.
(b) Manufacturers of slot machines, table games, table
game devices, interactive games, sports wagering devices,video gaming terminals and all associated equipment orgaming related gaming service providers shall be respon-sible for any fees or costs imposed by the private testingand certification facility.
(c) Manufacturers of slot machines, table games, table
game devices, interactive games, sports wagering devices,video gaming terminals and all associated equipment orgaming related gaming services providers shall be respon-sible for all costs incurred by the Board in reviewing thereport issued by the private testing and certificationfacility and approving the slot machine, table game, tablegame device, interactive game, sports wagering device,video gaming terminal or any associated equipment.
(d) Slot machines, table games, table game devices,
interactive games, sports wagering devices, video gamingterminals and all associated equipment tested by aprivate testing and certification facility shall be consid-ered under the abbreviated certification and approval
process under § 461a.4 (relating to submission for testingand approval).
§ 469a.2. Registration of private testing and certifi-
cation facilities.
(a) A private testing and certification facility seeking to
test slot machines, table games, table game devices,interactive games, sports wagering devices, video gamingterminals and all associated equipment for use in thisCommonwealth shall register with the Board.
(b) A private testing and certification facility shall do
all of the following:
(1) Submit a completed Gaming Service Provider Regis-
tration Form and Private Testing and Certification Facil-ity supplement.
(2) Submit the nonrefundable application fee posted on
the Board’s web site, which includes the costs of allbackground investigation.
(3) Comply with the general application requirements
in Chapters 421a and 423a (relating to general provi-sions; and applications; statement of conditions; wageringrestrictions).
(4) Submit fingerprints of all of the following individu-
als in a manner prescribed by the Bureau:
(i) Each officer and director of the private testing and
certification facility. For purposes of this subparagraph,‘‘officer’’ means a president, chief executive officer, a chieffinancial officer and a chief operating officer, and anyperson routinely performing corresponding functions withrespect to an organization whether incorporated or unin-corporated.
(ii) Each individual who has a direct or indirect owner-
ship or beneficial interest of 10% or more or the officersand directors of an entity who has a direct ownership orbeneficial interest of 20% or more in the private testingand certification facility.
(c) A person who holds any direct or indirect ownership
or beneficial interest in a private testing and certificationfacility or has the right to any profits or distributionsdirectly or indirectly, from the private testing and certifi-cation facility may be required to submit fingerprints ifthe Bureau determines that the submission of finger-prints of the person is necessary to protect the publicinterest or to enhance the integrity of gaming in thisCommonwealth.
(d) Each of the individuals required to submit finger-
prints under subsections (b)(4) and (c) must be foundqualified by the Board under § 437a.4 (relating to qualifi-cation of individuals and entities).
(e) A private testing and certification facility registra-
tion will not be issued until all fees and costs have beenpaid.
(f) The Board will maintain a list of registered private
testing and certification facilities.
§ 469a.3. Standards for private testing and certifi-
cation facilities.
(a) A private testing and certification facility shall meet
all of the following requirements:
(1) Be independent from any manufacturer of slot
machines, table games, table game devices, interactivegames, sports wagering devices, video gaming terminalsand all associated equipment or gaming related gamingservice provider licensed by the Board.PROPOSED RULEMAKING 2215
PENNSYLVANIA BULLETIN, VOL. 52, NO. 16, APRIL 16, 2022(2) Be accredited in accordance with ISO/IEC 17025 by
an accreditation body that is a signatory to the Interna-tional Laboratory Accreditation Cooperation Mutual Rec-ognition Agreement.
(3) Demonstrate it is technically competent in testing
of slot machines, table games, table game devices, inter-active games, sports wagering devices, video gamingterminals, or all associated equipment in a manneracceptable to and verified by the Bureau of GamingLaboratory Operations.
(b) A private testing and certification facility and its
owners, managers, supervisory personnel and employeesmay not do any of the following:
(1) Have a financial or other interest, direct or other-
wise, in a manufacturer of slot machines, table games,table game devices, interactive games, sports wageringdevices, video gaming terminals or all associated equip-ment or gaming related gaming service providers licensedby the Board.
(2) Participate, consult or otherwise be involved in the
design, development, programming or manufacture of slotmachines, table games, table game devices, interactivegames, sports wagering devices, video gaming terminalsor all associated equipment.
(3) Have any other interest in or involvement with a
manufacturer of slot machines, table games, table gamedevices, interactive games, sports wagering devices, videogaming terminals or all associated equipment or gamingrelated gaming service providers that could cause theprivate testing and certification facility to act in amanner that is not impartial.
§ 469a.4. Responsibilities of a private testing and
certification facility.
(a) A holder of a private testing and certification
facility registration shall have a continuing duty tocomply with the general requirements in Chapters 421aand 423a (relating to general provisions; and applications;statement of conditions; wagering restrictions).
(b) A private testing and certification facility shall
notify the Board immediately if a manufacturer of slotmachines, table games, table game devices, interactivegames, sports wagering devices, video gaming terminalsand all associated equipment or a gaming related gamingservice provider licensed by the Board does any of thefollowing:
(1) Attempts, directly or indirectly, to influence improp-
erly a private testing and certification facility or itsowners, managers, supervisory personnel or employees, inregard to a slot machine, table game, table game device,interactive game, sports wagering device, video gamingterminals or all associated equipment, that it, or anotherperson or entity, has submitted for testing or certificationfor use in a licensed facility.
(2) Engages in any transaction with a private testing
and certification facility that the manufacturer or gamingrelated gaming service provider is using, has used orintends to use to inspect or certify a slot machine, tablegame, table game device, interactive game, sports wager-ing device, video gaming terminals or all associatedequipment for use in a licensed facility, in which theprivate testing and certification facility is required toparticipate, consult or otherwise be involved in the de-sign, development, programming or manufacture of theitems. This restriction does not limit a manufacturer orgaming related gaming service provider from engagingthe private testing and certification facility to provideconsulting services, provided that the services do not
directly or indirectly indicate, suggest or imply how todesign, develop, program or manufacture these items.
(c) Private testing and certification facilities shall
maintain copies of the results of any ISO/IEC 17025audits or reviews and shall notify the Board in writing ofthe availability of the results within 15 days of when theresults become available to the private testing and certifi-cation facility. These copies shall be provided to the Boardon request.
(d) In the interest of preserving the integrity of gaming
in the Commonwealth, a private testing and certificationfacility shall not implement or maintain any procedure orpolicy or take any action that would do any of thefollowing:
(1) Inhibit or prevent a manufacturer or gaming re-
lated gaming service provider from submitting a slotmachine, table game, table game device, interactive game,sports wagering device, video gaming terminal, and allassociated equipment, for testing and certification for usein any form of regulated gaming in the Commonwealth.
(2) Call into question or tend to erode the indepen-
dence of the private testing and certification facility fromany clients that use the services of the facility.
(e) A private testing facility shall maintain a version-
controlled system of testing documentation and method-ologies that the facility uses to provide certification andthese materials shall be made available to the Board onrequest.
(f) The testing shall be conducted in accordance with
Chapters 461a, 810a, 1112a and 1407a and all technicalstandards, policies and industry notices that the Boardmay implement or issue.
(g) A private testing and certification facility shall not
use, rely on or otherwise refer to any testing, results orwork product performed by another private testing andcertification facility for any slot machine, table game,table game device, interactive game, sports wageringdevice, video gaming terminal and all associated equip-ment that has not previously been approved in writing bythe Board.
(h) A private testing and certification facility shall
implement and maintain a system of peer review tomonitor the quality of the testing and certification proce-dures performed by the facility.
(i) A private testing and certification facility shall
consult with the Board prior to testing, evaluating,analyzing, certifying, verifying or rendering opinions foror on behalf of the Board relating to any new technologyor concept.
(j) A private testing and certification facility shall
consult the Board on any questions relating to the testingand certification of any slot machine, table game, tablegame device, interactive game, sports wagering device,video gaming terminal and all associated equipment.
(k) A private testing and certification facility shall keep
confidential all information and data prepared or ob-tained as part of the testing and certification process.
(l) A private testing and certification facility shall
implement and maintain security and access controlsystems designed to secure and protect the confidentialityof all equipment, software and other information en-trusted to it as part of the testing and certificationprocess.
2216 PROPOSED RULEMAKING
PENNSYLVANIA BULLETIN, VOL. 52, NO. 16, APRIL 16, 2022(m) A private testing and certification facility shall
maintain all test equipment in accordance with themanufacturer’s specifications and recommendations andshall provide the Board with evidence on demand.
(n) A private testing and certification facility shall
retain all submission and testing-related documentation.The records may be maintained in electronic form. Theobligation to maintain these records continues even if theprivate testing and certification facility ceases to beregistered with the Board or otherwise ceases its businessoperation. The private testing and certification facilitymay turn these records over to the Board in electronicform as an alternative to having to maintain the recordsafter the facility is no longer registered or after thefacility ceases business operation.
(o) The Board may conduct periodically an onsite
evaluation and review of each private testing and certifi-cation facility to evaluate certification results and toverify continued compliance with all registration require-ments and protocols.
(p) The Board may establish a system to evaluate the
continued quality of the testing and certification per-formed by a private testing and certification facility whichwould be posted on the Board’s web site.
(q) A private testing and certification facility, its em-
ployees, management and owners shall remain indepen-dent of any licensed manufacturer of slot machines, tablegames, table game devices, interactive games, sportswagering device, video gaming terminals and all associ-ated equipment or gaming related gaming service pro-vider.(r) A private testing and certification facility employee
who was employed by, or performed any work for, amanufacturer or gaming related gaming service providerlicensed by the Board within 1 year prior to the person’sdate of employment with the private testing and certifica-tion facility may not inspect or certify a slot machine,table game, table game device, interactive game, sportswagering device, video gaming terminal and all associatedequipment for use in a licensed facility, with which theperson had any involvement whatsoever while employedby the manufacturer or gaming related gaming serviceprovider.
(s) Failure to fully comply with any provision contained
herein constitutes a violation and may result in Board-imposed administrative sanctions, up to and including
revocation, against the individual or entity to whom theregistration was issued.
§ 469a.5. Registration term and renewal.
(a) Private testing and certification facility registra-
tions and renewals issued under this chapter will be validfor 5 years from the date of Board approval.
(b) Registered private testing and certification facilities
shall submit to the Board a completed renewal applica-tion or form and renewal fee at least 6 months prior tothe expiration of a registration.
[Pa.B. Doc. No. 22-556. Filed for public inspection April 15, 2022, 9:00 a.m.]PROPOSED RULEMAKING 2217
PENNSYLVANIA BULLETIN, VOL. 52, NO. 16, APRIL 16, 2022