Business Impact Analysis 
Agency , Board, or Commission  Name: Ohio Casino Control Commission (“Commission”) 
Rule  Contact Name and Contact Info rmation: 
Andromeda Morrison, 614-387-5616, rulecomments@casinocontrol.ohio.gov 
Regulation/Package Title (a general description of the rules’ substantive content) : 
OCCC 2021 FYR Batch 7 (Ohio Adm.Code 3772-15 ( Independent Testing Laboratories ) 
& 3772- 20 (Security Services ) 
Rule Number(s): 3772-15-01 (amendment) , 3772-15- 02 (rescind & new) , 3772-15- 03 
(rescind & new) , 3772-15-04 ( rescind & new), 3772-15- 05 (rescind), 3772-15- 06 (rescind), 
3772-20-01 ( amendment ), 3772-20-02 ( amendment ), 3772 -20-03 ( amendment ), 3772-20-
04 ( amendment ), 3772 -20-05 ( amendment ), 3772-20- 06 (amendment), 3772 -20-07 
(amendment ), 3772-20-08 ( amendment ) 
Date of Submission for CSI Review: 1/20/2022 
Public Comment Period End Date: 2/4/2022 
Rule Type /Number of Rules : 
New/ 3 rules 
Amended/ 9 rules (FYR? Yes ) No Change/ 0 rules (FYR?  N/A) 
Rescinded / 5 rules (FYR? Yes ) 
The Common Sense Initiative  is established in R.C. 107.61 to eliminate excessive and 
duplicative rules and regulations that stand in the way of job creation.  Under the Common 
Sense Initiative, agencies must  balance the critical objectives of regulations that have an 
 
 
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adverse impact on business with the costs of compliance by the regulated parties. Agencies 
should promote transparency , responsiveness , predictability, and flexibility  while developing 
regulations  that are  fair and easy to follow . Agencies should prioritize compliance over 
punishme nt, and to that end, should utilize plain language in the development of regulations.  
Reason for Submission  
1. R.C. 106.03 and 106.031 require agencies, when reviewing a rule, to determine whether 
the rule has an adverse impact on businesses as defined by R.C. 107.52.  If the agency 
determines that it does, it must complete a business impact analysis and submit the rule 
for CSI review.   
 
Which adverse impact(s) to business es has the agency determined the rule( s) create?  
 
The rule (s): 
a. ☒     Requires a license, permit, or any other prior authorization to engage in or 
operate a line of business.  
b. ☒     Imposes a criminal penalty, a civil penalty, or another sanction, or creates a 
cause of action for failure to comply with its terms.   
c. ☒     Requires specific expenditures or the report of information as a condition of 
compliance.  
d. ☒     Is likely to directly reduce the revenue or increase the expenses of the lines of 
business to which it will apply or applies.  
Regulatory Intent  
 
2. Please briefly describe the draft regulation in plain language.   Please include the key provisions of the regulation as well as any proposed amendments.  
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 Chapters 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 Administ rative and 
Revised Codes. Some consistent changes made throughout include better specifying when an action is required to be taken by the Commission at a public meeting, the executive director, or by 
staff of the agency. Additionally, many changes have bee n made to update, streamline, and 
standardize rule language.  
• 3772- 15-01 (amendment), titled “Independent testing laboratory certification.” This rule 
allows independent testing laboratories to apply for certification to the Commission to test  
 
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electronic g aming 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 la b 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 
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 certifi cation 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 investigatio n 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 provides 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 thereunder, 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 (rescind) , 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.  
  
 
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• 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 cer tification. These conditions include, among 
others, obtaining professional liability insurance, ensuring consistent testing, maintaining accreditation, maintaining testing records, and providing assistance and training to the Commission. The purpose of thi s 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 t o streamline, 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 that 
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, which corresponds to 
the st andard five -year records -retention requirement for all casino gaming in Ohio 
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 gaming 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 subsequently approved by the comm ission. 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  continue s in 
use long past five years. As such, these records must be kept t o ensure the integrity of 
casino gaming. 
 
• 3772- 15-04 (new) , “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 t hose standards for labs that the Commission adopted by rule under its R.C. 
3772.03 statutory mandate. The amendments to this rule are largely intended to streamline and standardize must language; however, a requirement that testing labs run a credit check on its employees has been removed as unnecessary. 
 
• 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 de partment 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 th e casinos. Finally, the rule lays out a general prohibition on the  
 
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permittance of a firearm onto casino property, while encapsulating certain statutory or 
safety -sensitive exceptions. The purpose of this rule is to prescribe security requirements 
as requir ed 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 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 c onduct, 
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.” This rule specifies that 
the casino operator shall maintain sufficient sec urity 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 safety of Ohioans and the integrity of casino gaming, and to assist the Comm ission 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. It also gives the Execut ive Director the ability to raise the minimum required staffing in the security 
plan. Finally, the amendment  also removes a duplicative provision requiring a Director of 
Security at each casino.  
 
• 3772- 20-03 (amendment), titled “Training.” This rule specifi es 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 s ecurity 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 r equirement 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 specifies 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 accomplishing several of its statutory powe rs under R.C. 3772.033. The amendments to this rule are solely intended to 
standardize rule language.  
  
 
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• 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 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 secur ity 
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 aime d 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 operator  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 detentio n 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 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 to standardize rule 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.  
 
 
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3.P
lease list the Ohio statute (s) that authorize the agency, board or commission to adopt
the rule(s) and the statute(s) that amplify th at authority.
3772.01, 3772.03, 3772.31, 3772.033, and 3772.99.
4.Does the regulation implement a federal requirement?   Is the proposed regulation being
adopted or amended to enable the state to obtain or maintain approval to administer and
enforce a federal law or to participate in a federal program?
If yes, please briefly explain the source and substance of the federal requirement .
Not Applicable.
5.If the regulation includes provisions not specifically required by the federal government,please explain the rationale for exceeding the federal requirement.
This question is not applicable to these amendments because the federal government does not
regulate casino gaming in this state. Rather, casino gaming is permitted pursuant to Article
XV, Secti on 6(C) of the Ohio Constitution and is controlled by Ohio’s Casino Control Act
(i.e., R.C. Chapter 3772).
6.What is the public purpose for this regulation (i.e., why does the Agency feel that there
needs to be any regulation in this area at all)?
Article X V, Section 6(C) of the Ohio Constitution and R.C. Chapter 3772 require the
Commission to ensure the integrity of casino gaming and to prescribe rules for how casino
gaming should be conducted, including those related to  the use of electronic gaming
equipment, certifying  independent testing laboratories, safety protocols , and requirements
regarding security services. To ensure the integrity of casino gaming, it is imperative  to protect
casino patrons . It is also imperative —and the Commission’s constitutional and statutory
duty—to  ensure  the integrity of electronic gaming equipment, by ensuring the equipment meets
the statutory requirements of R.C. Chapter 3772.  These rules and the proposed amendments
are designed to continue to effectuate these constit utional and statutory mandate s.
7.H
ow will the Agency measure the success of this regulation in terms of outputs and/or
outcomes?
Overall, the Commission will measure the success of these rules in terms of whether they help
to ensure the integrity of casino gaming. This can be done in two ways: First, through
evaluating whether the public benefit of  implementing and enforcing the proposed rules
outweighs their administrative and business costs. And second, through analyzing the regulated
community’s comments about requests for amendments to the rules or for waivers or variances
to or from the rules.- 8 -
8.A
re any of the proposed rules contained in this rule package being submitted pursuant
to R.C. 101.352, 101.353, 106.032, 121.93, or 121.931?
If yes, pl ease specify the rule number (s), the specific R.C. section requiring this submission ,
and a detailed explanation.No.
Development of the Regulation  
9.Please list the stakeholders included by the Agency in the development or initial reviewof the draft regulation.
If applicable, please include the date and medium by which the stakeholders were initially
contacted.
In reviewing these rules, an email was sent on November 18, 2021, to over 100 stakeholders.
(Exhibits 1 and 2). Stakeholders were asked to submit any written comments on the rules by
5:00 p.m. on December  3, 2021. (Exhibit 1).  These stakeholders included employees or
representatives from casino operators, management companies, holding companies, gaming-
related vendors, and independent testing laboratories. Finally, stakeholders had the opportunity
to comment during the Commission’s public meeting on January 19, 2022.
10.What input was provided by the stakeholders, and how did that input affect the draftregulation being proposed by the Agency?
As it relates to 3772 -15, the Commission received stakeholder comments from two testing
laboratories  and one licensed manufacturer  (Exhibit 3). As a result of those comments, the
Commission made several changes to the draft rules. Those of note includ e:
•Adding the provision that  the Executive D irector must provide the purpose for any
potential increase in the certification fee for independent testing laboratories. Rule
3772-15-01(D).
•Extending the independent testing laboratories certification timeframe  from three years
to five years. Rule 3772-15-01(G ).
•Allowing the results from a compliance investigation completed within the year prior
to a renewal certification request to be applied to the renewal certification request at
the executive director's discretion . Rule 3772-15-01(F ).
•Changing the timeframe that an independent testing laboratory must maintain certain
records from indefinitely to  set timeframes that relate to the five -year certification
timeframe . Rule 3772- 15-03(A)(12) .
•Changing a requirement that the labs must provide verification tools to the Commission
to instead require labs to use verification methods the Commission approves, ensuring
the Commission has the tools necessary to verify any results . Rule 3772- 15-03(A)(7).- 9 -
•Specifying that labs can recoup costs accrued in assisting the Commission in
investigations and that labs need only assist the Commission in the accounting,
auditing, compliance, security, technology, and verification practices  of EGE that was
submitted to the specific lab in question. Rule 3772-15-03(A)(13) and (14)
As it perta ins to 3772-20, the Commission received stakeholder comments from two Ohio 
casinos (Exhibit 3). As a result of those comments, the Commission made  changes to the 
draft rules including:  
•Clarifying that a casino operator’s security department must only assist gaming
agents or law enforcement officers in the prevention of an offense —instead of
assisting “the Commission.”  Rule 3772-20-01(B)(5).
•Changing the minimum amount of security officers from ten to a “ sufficient”
amount as specified in the security plan and that may be increased at the discretion
of the E xecutive D irector. Rule 3772-20-02(B) .
11.What scientific data was used to develop the rule or the measurable outcomes of the rule?
How does this data support the regulation being proposed?
This question does not apply to these rules because no scientific data was necessary to develop
or measure their outcomes. Instead, Commission staff reviewed the Commission’s statutory
mandates and looked at how other  jurisdictions approached the topics in these rules. Further,
staff considered whether existing rules were the most efficient means by which to maintain theintegrity of casino gaming and whether any requests for amendments, waivers, or variances
had been requested or granted to the regulated community. In so doing, the Commission was
able to use, as much as possible, rules the regulated community is accustomed to in other
jurisdictions, with minor adaptations to remain in compliance with Ohio law.
12.Wh
at alternative regulations (or specific provisions within the regulation) did the Agency
consider, and why did it determine that these alternatives were not appropriate?  If none,why didn’t the Agency consider regulatory alternatives?
When first adopting thes e rules, Commission staff carefully reviewed  and gave thorough
consideration to the rules adopted in other jurisdictions. In reviewing these rules , staff
considered past practices of the Commission, any comments on the rules, any waivers or
variances to ex isting rules that had been requested and granted, and current trends in the casino
regulatory environment. As such, these rules are a conglomeration of the rules used in otherjurisdictions with adaptations made for Ohio law  and current industry trends.
13. D id the Agency specifically consider a performance- based regulation ? Please explain.- 10 -
Performance- based regulations define the required outcome, but don’t dictate the process 
the regulated stakeholders must use to achieve compliance. 
The rules include a per formance- based component wherein they largely set the floor for 
compliance but do not completely dictate how the casino operators are to achieve compliance , 
instead leaving those details to the operator’s internal controls or standard operating 
procedures. Additionally, Ohio Adm. Code 3772-1- 04 allows the casino operators to seek 
waivers and variances from these rules, which the Commission will evaluate on a case-by- case 
basis and may grant as long as it determines that doing so is in the public’s best inte rest. The 
Commission considers the past performance of casino operators and their ability to comply with the law in evaluating internal controls, amendments to internal controls, and waivers or variances to or from these rules.  
14.W
hat measures did the Agency take to ensure that this regulation does not duplicate an
existing Ohio  regulation ?
This question largely does not apply to these rules because no other regulations in these areas
currently exist with respect to casino gaming . To the extent that this package amends existing
administrative rules, many of those amendments are meant to ensure these rules are notduplicative of the Casino Control Law or other Administrative Code requirements adopted
thereunder.
15.P
lease describe th e Agency’s plan for implementation of the regulation, including any
measures to ensure that the regulation is applied consistently  and predictably for the
regulated community .
The rules in this package largely relate to regulatory compliance, which is handled by theCommission’s regulatory compliance staff and overseen by a director in the Commission’s
central office. Further, to ensure ongoing compliance, there are gaming agents, auditors, andoffice managers stationed at each of the casinos observing, evaluating, and investigating casino
operations. Any issues that arise at the facilities are funneled to the Commission’s central office
where the Executive Director and their division directors can coordinate a consistent response
and conduct outreach to the  regulated community. Finally, if necessary, any  sanctions could
only be approved by the Commission at a public meeting through a vote. As such , the regulated
community can expect consistent and transparent compliance work from the Commission .
Adverse Impact to Business 
16.Provide a summary of the estimated cost of compliance with the rule .  Specifically, please
do the following:- 11 -
a.Identify the scope of the impacted business community; and
The casino operators, gaming -related vendors , and testing laboratories are the impacted
stakeholders.
b.Id
entify the nature of all adverse impact (e.g., fees, fines, employer time for
compliance,); and
The nature of the potential adverse impact from the se rules includes fees for testing
laboratory certification; fines for noncompliance ; costs for employe r time and payroll for,
among other things, training and sending notifications and reports to the Commission ; and
the potential for other monetary costs to the casino operators, as described more fully
below.
c.Quantify the expected adverse impact from the regulation.
The adverse impact can be quantified in terms of dollars, hours to comply, or other
factors; and may be estimated for the entire regulated population or for a “representative
business.” Please include the source for your information/estimated impact.
3772-15-01 Independent testing laboratory certification. (amendment)  
T
he Commission anticipates a minimal adverse impact to business as it relates to the 
certification of independent testing labor atories. This rule allows independent testing 
laboratories to apply for certification to the Commission to test electronic gaming equipment 
for compliance with R.C. Chapter 3772. The amendment to this rule makes a number of changes. First, it pulls several  provisions from Ohio Adm.Code 3772-15- 02 and 3772-15- 03 
into this rule to better streamline the Code . Additionally, t his amendment  raises the fee for 
certification from $2,000 to $5,000, while also raising the length of certifications from three years to five.  
Wh
ile the Commission acknowledges the increased fee cost in this rule, this cost is outweighed 
by the Commission’s statutory  mandate under R.C. 3772.31 to certify independent testing 
laboratories, and the fee is intended to cover the cost of certification, without which a laboratory cannot legally conduct testing for compliance with R.C. Chapter 3772 and the rules adopted there under. 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 , will 
better approximate staff’s actual costs in evaluating and certifying a testing lab, and is commensurate with the increase in certification length. Other than the fee and certification -
length changes, the other provisions pulled from 3772-15- 02 and 3772-15- 03 have only 
minimal impact on business and are largely process- oriented . 
3772-15- 02 Independent testing laboratory information, certification period, and 
certification renewal. (rescind)  - 12 -
The present version of this rule is being rescinded to move a revised  version of it to new Ohio 
Adm.Code 3772-15- 01. Therefore, there is little business impact from this recission, although 
the overall streamlined rules will create a slight positive impact.  
3772-15-02 Compliance investigation of an independent testing labo ratory . (new)  
T
his 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
provides the factors the Commission will consider when conducting a background
investigation of an independent testing laboratory . Given that the rule merely provid es clear
guidelines by which laboratories will be evaluated, based on the R.C. 3772.31 statutory
mandate,  the Commission does not anticipate an adverse impact on business from this rule.
A
s to those provisions brought over from 3772- 15-02, including costs  related to compliance 
investigations,  the Commission anticipates a minimal adverse business impact from this rule. 
The 15-02 provisions specify that any lab seeking certification must provide the Commission 
with any documents requested at the lab’ s cost and that any confidential information contained 
in those documents should be marked as such. While the Commission acknowledges the cost of submitting information for certification and undergoing an investigation, this cost is outweighed by the Commission’s  statutory mandate under R.C. 3772.31 to certify independent 
testing laboratories . The changes to these currently existing provisions are solely aimed at 
streamlining and standardizing rule language.  
3772-15-03 Certification fees. (rescind)  
T
his rule is being rescinded and combined into amended Ohio Adm.Code 3772-15-01. 
Therefore, there is little business impact from this recission, although the overall streamlined rules will create a slight positive impact.  
3772-15-03 Requirements of certification.  (new)  
T
he Commission anticipates a minimal adverse impact from this rule related to the 
requirements for certification. This rule, while “new,” consists solely of the previous 
provisions of current Ohio Adm.Code 3772-15-05 which provide the requirements that 
certified independent testing laboratories must agree to or must meet in order to obtain and maintain certification. While this rule does place conditions on obtaining and maintaining 
certification, the rule is necessary  to ensure the laboratories can appropriately and effectively 
test to the standards in R.C. Chapter 3772 and the rules adopted thereunder. To be clear, this rule only impacts those independent testing laboratories who have obtained certification from the Commission, a voluntary business decision.   
F
inally, the Commission does not expect adverse impact to business from the database/record 
retention requirement, as record retention procedures are already currently in practice for all certified independent t esting laboratories.  However, the Commission acknowledges that the - 13 -
amendments to this rule do require certain records to be kept longer than previously explicitly 
stated. These records are all necessary to ensure the integrity of casino gaming, and the lon ger 
retention period is justified because the labs are “standing in the shoes” of the Commission as the testers of casino equipment , which often continues in use long past five years.  
3772-15-04 Background investigation of an independent testing laboratory. (rescind)  
T
his rule is being rescinded and combined with current Ohio Adm.Code 3772-15- 02 into new 
3772-15-02. Therefore, there is little business impact from this recission, although the overall 
streamlined rules will create a slight positive  impact.  
3772-15-04 Duties of a certified independent testing laboratory.  (new)  
T
he Commission does not anticipate an adverse impact on business from this rule. This rule, 
while “new,” consists solely of the previous provisions of current Ohio Adm.Code 3772-15-06.These provisions merely implement R.C. 3772.31’s requirement that these certified labs
conduct the testing, evaluation, and other duties necessary to ensure the integrity of casinogaming under the law. This rule ensures those statutorily based duties are specificallyenumerated in one place, to best guide a  certified independent testing laboratory to compliance .
The amendments to this rule are largely intended to streamline and standardize must language .
3772-15-05 Conditions of certification . (rescind ) 
T
his rule is being rescinded and moved to new Ohio Adm.Code 3772-15-03. Therefore, there 
is little business impact from this recission, although the overall streamlined rules will create a slight positive impact.  
3772-15-06 Duties of a certified independent testing laboratory . (rescind ) 
T
his rule is being rescinded and moved to new Ohio Adm.Code 3772-15-04. Therefore, there 
is little business impact from this recission, although the overall streamlined rules will create a slight positive impact.  
3772-20-01 Security department. (amendment)  
T
he Commission anticipates a minimal adverse impact from this rule. 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 , as required  by R.C. 3772.03. As 
such, negligible costs of compliance exist including  certain administrative requirements related 
to preparation of and adherence to Commission -approved internal controls  and employee time 
and payroll for the security department. Howeve r, these costs are blunted, since rules on the 
provision of unarmed security services is required by statute and is inherent to the nature of casino gaming. Moreover, each casino operator already has these approved controls in place, 
so no changes are curr ently necessary  as a result of this rule filing,  unless a casino operator  
chooses to make them.  The amendments to the rule are largely intended to streamline and - 14 -
standardize rule language, as well as taking into account stakeholder comment, as described in  
Question 10. 
3772-20-02 Security department staffing. (amendment)  
The
 Commission anticipates a minimal business impact from this rule, related to the employee 
time and payroll necessary to properly staff the casino facilities. However, R.C. 3772.03 tasks 
the Commission with adopting rules requiring casinos to have unarmed security services, 
which blunts this rule’s business impact. Each casino operator has a security staff and works 
closely with the Commission to maintain the balance between appropriate staffing and casino expenditures. The costs related to ensuring adequate staffing vary depending on salary, number of employees, and other factors unique to each casino facility. However, the rule defers to each casino operator to make that business decision s on sufficient staffing  under the guidance 
provided—as requested by the operators. This allows flexibility while still ensuring the safety 
of casino patrons, staff, and assets.  
3772-20-03 Training.  (amendment)  
T
he Commission does not anticipate an adverse impact from this rule. This rule specifies that 
each casino operator must provide training to all members of its security department, which is 
again a statutorily required rule under R.C. 3772.03. As such, although the casino operators will face costs related to employee time and payroll to complete these trainings—those costs are statutorily contemplated or even required. As for he amendment to this rule , it removes a 
requirement that this training must be laid  out in a plan for Commission approval. Removing 
the requirement that this training be laid it in Commission -approved plan should result in a 
slight reduction in the rule’s business impact.  Otherwise, the amendment is solely intended to 
standardize rule language. 
3772-20-04 Security plan.  (amendment)  
T
he Commission does not anticipate an adverse impact from this rule. Negligible costs of 
compliance include certain administrative requirements related to preparation of and adherence to Commission- approved internal controls. However, these costs are blunted, as t he rule merely 
implements the R.C. 3772.03 statutory requirem ent that casino operators must have standards 
and requirements for the provision of security. Moreover, each casino operator already has 
these approved controls in place so no changes are necessary unless the  operator chooses to 
make them.  The amendments t o this rule are solely intended to standardize rule language and 
will not have an impact on business 
3772-20-05 Emergency operations plan. (amendment)  
T
he Commission does not anticipate an adverse impact from this rule. While there will be 
negligible costs of compliance include certain administrative requirements related to preparation of and adherence to Commission- approved internal controls , each casin o operator 
already has these approved internal controls in place. Moreover, this plan is necessary to ensure - 15 -
the casino operators have proper security standards, as required by R.C. 3772.03. The 
amendment to this rule  will have no business impact as it  is solely intended to streamline or 
standardize rule language 
3772-20-06 Incident reports. (amendment)  
T
he Commission anticipates a minimal adverse impact from this rule, related to the employee 
time and payroll necessary for  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. These types of reports are common in the casino industry and allows each casino to properl y document these major incidents, both for their own business 
purposes and to ensure the Commission can appropriately investigate and audit these incidents, pursuant to its R.C. 3772.033 statutory duty. The amendment to this rule is largely aimed at stream lining or standardizing rule language, but 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 operator makes these reports available to the Commission,  both of  which are in line with current actual practice  and 
should not have any business impact.  
3772-20-07 Security detention area . (amendment)  
T
he Commission does not anticipate an adverse impact on business from this rule. This rule 
specifies that the security department must have at least one designated security detention area and that if a person is being detained, then a member of the security department must be present. The costs from this rule are of course those related to the building and maintaining of the approved area. However, w hile the rule does require a separate room for detention 
purposes, the casinos were designed with this requir ement in mind  and each detention room 
has already been built, leading to little or no additional costs for the casino operators as a result of this rule.  Moreover, the presence of such security -focused detention rooms are already into 
the casino -gaming business model.  
3772-20-08 Communications system. (amendment) 
T
he Commission anticipates a minimal adverse impact from this rule. 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 amendment to this rule is solely to standardize rule language. Costs related to the purchase of 
equipment will vary, depending on item, quantity, and other factors unique to each casino facility. However, given the size of each facility, this rule will enable each security department to adequately safeguard the people and assets in the casino and will also ensure that the Commission can participate, as necessary. Therefore, the  security benefits of this provision 
greatly outweigh the costs related to it. Moreover, having a communications system such as this is built into the casino -gaming business model, further blunting these costs. - 16 -
17.Why did the Agency determine that the regulatory intent justifies the adverse impact to
the regulated business community?
The regulatory intent justifies any adverse impact because Article XV, Section 6(C) of the
Ohio Constitution and R.C. Chapter 3772 require the Commission to ensure the integrity of
casino gaming, specifically by ensuring certain minimum standards for conducting gaming are
met. Many of these minimum standards are laid out as mandatory rules  the Commission must
adopt under R.C. 3772.03. These rules are also designed to enable the Commission to
accomplish its R.C. 3772.033 statutory authority to audit gaming operations, by implementing
standards and procedures to which these operations must be held. Moreover, the regulatory
intent justifies any adverse impact because casino gaming is a highly regulated industr y and is
accustomed to these regulations in every jurisdiction in which casinos operate. Unregulated
gaming poses a threat to the public welfare and raises the potential for fraud and abuse. To
mitigate these threats, the Commission, like other gaming regu latory bodies, is using its
regulatory authority to establish a best practice framework. Finally, the amendments in thispackage further lessen any business impact, including removing certain restrictions and
streamlining redundancies. For a more detailed analysis of the individual justifications
applicable to each rule, please see the answers given in 16.c.
Regulatory Flexibility  
18.Does the regulation provide any exemptions or alternative means of compliance for small
businesses?  Please explain.
Yes (indirectly), though it is unlikely this will be necessary since these regulations only directly
impact casino operators, none of which likely constitute a small business. These amendments
indirectly provide exemption or alternative means of compliance through Ohio Adm.Code
3772-1- 04, which permits the Commission, upon written request, to grant waiver s and
variances from the rules adopted under R.C. Chapter 3772, including these rules, if doing so isin the best interest of the public and will maintain the integrity of casino gaming in the State
of Ohio.
19.How will the agency apply Ohio Revised Code section 119.14 (waiver of fines andpenalties for paperwork violations and first- time offenders) into implementation of the
regulation?
Though it is unlikely R.C. 119.14 will apply to these amendments because the rules only
directly impact casino operators and independent testing laboratories, none of which likely
constitute a small business, the Commission will adhere to the statutory requirementsthereunder, if applicable.
To the extent R.C. 119.14 would apply to a violation of these amendments, the Commiss ion
will provide verbal and written notification to the small business to correct the paperwork- 17 -
violation. Thereafter, the Commission would allow the small business a reasonable amount of 
time to correct the violation. The Commission and its staff would also offer any additional 
assistance necessary to aid in remediation of the violation. No further action would be taken 
unless the small business fails to remedy the violation within the reasonable time allotted by 
the Commission.  
20.What resources are availab le to assist small businesses with compliance of the regulation?
The Commission and its staff are dedicated to working with members of the regulated
community and the public to effectively and efficiently regulate casino gaming in this state.
As a result, the following resources are available:
•C
ommission’s mailing address: 100 E. Broad St., 20th Floor, Columbus, OH 43215
•Commission’s toll-free telephone number: (855) 800-0058
•Commission’s fax number: (614) 485 -1007
•Commission’s website: http://www.casinocontrol.ohio.gov/
•Commission’s email: info@casinocontrol.ohio.gov
•Commission’s casino gaming listserv:
https://ohio.us7.list-
manage.com/subscribe?u=1c618d44ec5c718843ae2e7bb&id=3d36674d21
A
lso, all members of the regulated community and public may, in accordance with Ohio 
Adm.Code 3772-2- 04, request to address the Commission during a public meeting. Finally, all 
members of the regulated community may, pursuant to Ohio Adm.Code 3772-1- 04, request 
waivers and variances from the Commission’s casino gaming regulations. View this email in your browser
Casino Gaming Stakeholders,
As you may know, Ohio law generally requires rules to be reviewed and refiled at
least once every five years. Pursuant to that requirement, the rules in OhioAdm.Code Chapters 3772-15 (Independent Testing Laboratories) and 3772-20(Security) have been reviewed by Commission staff and are now being put forwardfor comment. The proposed versions of those rules can be found here
.
As always, please feel free to forward this communication to anyone else you thinkFrom: Ohio Casino Control Commission
To: Cox, William
Subject: Casino Gaming Rules for Comment
Date: Thursday, November 18, 2021 1:50:24 PM
Exhibit 1may be interested in these rules. Additionally, anyone may sign up for the
Commission’s casino-gaming listserv themselves here. If you would like to
unsubscribe from this listserv, you may do so using the link located at the bottom of
this email.
We understand that you may have questions or would like additional informationbefore commenting, and if that is the case, we encourage you to reach out to yournormal contacts at the Commission or to Andromeda Morrison, (614) 387-5616 orandromeda.morrison@casinocontrol.ohio.gov
, at your earliest convenience. If, in the
end, you would like to provide formal written comments, please email them toAndromeda by 5:00 p.m. on December 3
.
While you will have some additional chances to comment on these rules, includingwhen they are filed with the state’s Common Sense Initiative Office, please note thatit is much easier for the Commission and for stakeholders to work out any questionsor comments directly before the rules start the formal rule filing process.
Thank You.
Follow us on Facebook
Copyright © 2021 Ohio Casino Control Commission, All rights reserved.  
You are receiving this email because the Ohio Casino Control Commission identified you as a casino gaming
stakeholder. 
Our mailing address is:  
Ohio Casino Control Commission
100 East Broad Street20th FloorColumbus, OH 43215
Add us to your address book
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not click links or open attachments and forward the email to csc@ohio.gov or click the Phish Alert
Button if available. Email Address First Name Last  Name
rong@genesisgaming.com Ron G
bbenson@GalaxyGaming.com Bruce Benson
Jeffj@eclipsetesting.com Jeff Jchris.soriano@pngaming.com Chris SorianoCrystal.Fite@hrccincinnati.com Chrystal FiteOfficeOfRegulatoryAffairs@scientificgames.com Reg  Affairs Scientific  Games
HJackson@foxrothschild.com Harry Jackson
bgleye1@yahoo.com Bruce Loprete
ComplianceRegReview@igt.com Carrie Porterfield
licensing@playags.com AGS Licensing
Caty.Abbott@casinocontrol.ohio.gov Caty Abbottnyoung@galaxygaming.com Nicole Young
jim.meier@acrestechnology.com Jim Meier
Chris.Fleenor@casinocontrol.ohio.gov Chris FleenorWendi.McGee@pngaming.com Wendy McGee
Bcarney@apollo.com Brian Carney
John.Oberle@icemiller.com John Oberle
ChadBarnhill@jackentertainment.com Chad BarnhillGARRYPREBYNSKI@jackentertainment.com Garry PrebynskiWilliam.Cox@casinocontrol.ohio.gov William Coxgary.dewitt@hrccincinnati.com Gary DeWitt
John.Muir@pngaming.com John Muir
Bennie.Mancino@hrccincinnati.com Bennie Mancino
ALLYSONMILLER@JACKENTERTAINMENT.COM Allyson MillerSunita.Sailor@hrccincinnati.com Sunita Sailor
AnnaMarin.Russell@casinocontrol.ohio.gov Anna  Marin Russell
ahuysmans@GalaxyGaming.com Ann Huysmans
Ben.Humann@pngaming.com Ben Humann
Regulator.Notices@aristocrat.com Notices Aristocrat
Kevin.Goskowsky@shrss.com Kevin Goskowsky
debs@genesisgaming.com Debie S
jingoli0616@konamigaming.com Thomas Jingoli
Craig.Donahue@casinocontrol.ohio.gov Craig DonahueMatthew.Spitnale@pngaming.com Matt Spitnale
lisapowers@jackentertainment.com Lisa Powers
PerryMontesi@jackentertainment.com Perry Montesisutherland0705@konamigaming.com Steve SutherlandBComin@gpi ‐gaming.com B Comin
EdDick@jackentertainment.com Ed Dick
mstarr@bhfs.com Mark Starr
Deborah.Davis@hrccincinnati.com Deborah Davis
k.mullally@gaminglabs.com Kevin Mullally
Jessica.McGrady@pngaming.com Jessica McGrady
Ilkim.Hincer@hardrock.com Ilkim Hincer
Chris.Dziak@pngaming.com Chris Dziak
JeffreyKnapp@jackentertainment.com Jeff KnappExhibit 2monica.wilcoxen@casinocontrol.ohio.gov Monica Wilcoxen
rdove@keglerbrown.com Robert Doved.daniels@gaminglabs.com Dave Danielslisa.caserta@everi.com Lisa Casertatracy.caballero@jcmglobal.com Tracy Caballerojohn.acres@acres4.com John AcresMZatezalo@keglerbrown.comABartlett@boselaw.com Ali Bartlettr.mcadoo@gaminglabs.com Robert Mc  Adoo
gerald.papaj@pngaming.com Gerald Papajrobert.wamsley@hrccincinnati.com Robert WamsleyNCasiello@foxrothschild.com Nicholas Casiellom.robbins@gaminglabs.com Mike RobbinsNicole.Forte@interblockgaming.com Nicole Fortedanreinhard@jackentertainment.com Dan ReinhardMichael.brunet@gameco.com Michael BrunetIGT‐RCMailings@IGT.com Compliance IGT
tracey.white@shrss.com Tracey White
FDiGiacomo@duanemorris.com Frank DiGiacomo
Mark.Begrin@pngaming.com Mark Begrin
d.golda@gaminglabs.com Diana Golda
Brian.Jeffries@pngaming.com Brian Jeffries
debie.west@aruze‐gaming.com Debie West
Eric.Skalski@hrccincinnati.com Eric Skalski
Cory.Simmons@pngaming.com Cory Simmons
Jay.Tarbell@pngaming.com Jay Tarbell
Bruce.loprete@pngaming.com Bruce Loprete
AdamLeuschen@jackentertainment.com Adam LeuschenJeff.Barbin@phelps.com Jeff Barbin
Ryan.Hinthorne@pngaming.com Ryan Hinthorne
Tim.Kelley@pngaming.com Tim Kelley
ComplianceLV@agtslots.com Compliance  LV AGT
Samuel.Porter@icemiller.com Sam Porter
tdifuntorum@galaxygaming.comLisa.Burton@pngaming.com Lisa Burton
Anthony.Blanton@hrccincinnati.com Tony Blantonmfurillo@glpropinc.com Melissa Furillo
Susan.Foster@pngaming.com Susan Foster
LeslieCook@jackentertainment.com Leslie Cook
AnthonyCarolo@jackentertainment.com Tony Carolojim.nasca@hrccincinnati.com Jim Nasca
JAMESKARA@JACKENTERTAINMENT.COM James KaraDerek.Smith@BMM.com Derek Smith
deana.beal@usplayingcard.com Deana Beal
DRuttenberg@itsgames.com Daymon Ruttenberg
George.Goldhoff@hrccincinnati.com George GoldhoffDanCoil@jackentertainment.com Dan CoilChris.Riley@pngaming.com Chris Riley
eelliott@bhfs.com Erin Elliott
Jason.birney@pngaming.com Jason Birneycompliance@casinocontrol.ohio.govTCox@gpi ‐gaming.com T Cox
Joel.Newhouse@pngaming.com Joel Newhouse
ABerger@duanemorris.com Adam Berger
Licensing@everi.com Licensing Everi
erika.dinapoli@bmm.com Erika DiNapoli
PSicuso@boselaw.com Philip Sicuso
licensingteam@aristocrat.com Licensing Aristocrat
OMAR.KHOURY@EVERI.COM OMAR KHOURY
Lynne.Mackin@pngaming.com Lynne Mackin
lj.williams3@globalpay.com LJ Williams
SCOTTLOKKE@jackentertainment.com Scott LokkeMiha.Pancur@interblockgaming.com Miha PancurPete.Boldin@hrccincinnati.com Pete Boldin
brian.hopkins@pngaming.com Brian Hopkins
PAULYVANDERCICA@jackentertainment.com Pauly Vandercicaslui@mintz.com Shirley Lui
jessica.franks@casinocontrol.ohio.govolk0321@konamigaming.comKathy.Haynes@jcmglobal.com Kathy Haynes
StephanieKrummert@usplayingcard.comMJones@foxrothschild.comAleah.Page@casinocontrol.ohio.govbhopcroft@nrttech.com Brenda HopcroftView this email in your browser
Casino Gaming Stakeholders,
As you may know, Ohio law generally requires rules to be reviewed and refiled at
least once every five years. Pursuant to that requirement, the rules in OhioAdm.Code Chapters 3772-15 (Independent Testing Laboratories) and 3772-20(Security) have been reviewed by Commission staff and are now being put forwardfor comment. The proposed versions of those rules can be found here
.
As always, please feel free to forward this communication to anyone else you thinkmay be interested in these rules. Additionally, anyone may sign up for theCommission’s casino-gaming listserv themselves here
. If you would like to
unsubscribe from this listserv, you may do so using the link located at the bottom ofthis email.From: Erika DiNapoli
To: Morrison, Andromeda ; Franks, Jessica
Cc: Melissa Shuba ; Derek Smith
Subject: BMM Testlabs Comments - Casino Gaming Rules for Comment
Date: Friday, December 3, 2021 2:59:24 PM
Attachments: BMM_Testlabs_Ohio_Reg_Draft_03DEC2021_Final.pdf
Hi Andromeda and Jessica,  Attached please find BMM Testlabs’ comments to the draft regulations.
Thank you for including BMM in this opportunity. We greatly appreciate the visibility to contribute.
 
 
FYI, I have recently joined the BMM team as their Government Affairs Analyst. Please note my new
contact information below.
 
Have a great weekend and please let me know if you have any questions regarding our comments. 
 
Erika DiNapoli | Government Affairs AnalystBMM Testlabs  
| 815 Pilot Road, Suite G, Las Vegas, NV 89119
t: +1 702 407 2420 | f: +1 702 407 2421erika.dinapoli@bmm.com
 | www.bmm.com
This e-mail message is a confidential communication from BMM Testlabs and is intended only for the named recipient(s) above
and may contain information that is a trade secret, proprietary or privileged. If you have received this message in error, or are notthe named or intended recipient(s), please immediately notify the sender at 702-407-2420 and delete this e-mail message and anyattachments from your workstation or network mail system.
From:
 Ohio Casino Control Commission < Jessica.franks@casinocontrol.ohio.gov > 
Sent:  Thursday, November 18, 2021 10:50 AM
To: DiNapoli, Erika 
Subject: Casino Gaming Rules for CommentExhibit 3We understand that you may have questions or would like additional information
before commenting, and if that is the case, we encourage you to reach out to your
normal contacts at the Commission or to Andromeda Morrison, (614) 387-5616 orandromeda.morrison@casinocontrol.ohio.gov
, at your earliest convenience. If, in the
end, you would like to provide formal written comments, please email them toAndromeda by 5:00 p.m. on December 3
.
While you will have some additional chances to comment on these rules, includingwhen they are filed with the state’s Common Sense Initiative Office, please note thatit is much easier for the Commission and for stakeholders to work out any questionsor comments directly before the rules start the formal rule filing process.
Thank You.
Follow us on Facebook
Copyright © 2021 Ohio Casino Control Commission, All rights reserved.  
You are receiving this email because the Ohio Casino Control Commission identified you as a casino gaming
stakeholder. 
Our mailing address is:
Ohio Casino Control Commission100 East Broad Street20th FloorColumbus, OH 43215
Add us to your address book
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CAUTION:  This is an external email and may not be safe. If the email looks suspicious, please
do not click links or open attachments and forward the email to csc@ohio.gov or click the Phish
Alert Button if available. Ohio Adm.  Code Chapter 3772 -15 Independent Testing Laboratories  
Date: December 3 , 2021 
December 3, 2021  BMM Testlabs  Page 1 of 5 
Category  Section  Quote From Standards  BMM Testlabs  Feedback  
ITL 
Certification  Rule 3772 -
15-01 (A)(A)An independent testing laboratory may
must  request to be certified by the
commission to scientifically test and
technically evaluate slot machines,
mechanical, electromechanical or electronic
table games, slot accounting systems and
other  electronic gaming equipment to be
used in casino gaming for compliance with
Chapter 3772. of the Revised Code and therules adopted thereunder.While it can work  as drafted, reducing the collective scope of this 
requirement to “electronic gaming equipment” (EGE) could 
become problematic if/when  a manufacturer decides to  request  
certification only for a subset of the EGE (components)  within their 
gaming devices .  For example, on its own, a touchscreen is not 
specifically gaming equipment.  Does the Commission intend to 
allow exchanging of touchscreens on a  slot machine  without 
certification?  As an ITL, this could add significant complexity to product submissions.  BMM suggests  the following minimal 
change to help address this concern:  
“
(A) An independent testing laboratory may must request to be 
certified by the commission to scientifically test and technically evaluate slot machines, mechanical, electromechanical or 
electronic table games, slot accounting systems and other 
electronic gaming devices and equipment to be used in casino 
gaming for compliance with Chapter 3772. of the Revised Code 
and the rules adopted thereunder.”  
This minimal change could easily be applied to the similar language in (B) as follows:  
“(B) …does not grant autho rity to test or technically  evaluate
 slot 
machines, mechanical, electromechanical or electronic table 
games, slot accounting systems and other electronic gaming 
devices or  equipment  to be used in casino gaming .” 
ITL 
Certification  Rule 3772 -
15-01 (C) –
(F)(C)An independent testing laboratory
requesting certification  or electronic table 
games, slot accounting systems and other 
electronic gaming equipment for  renewal 
certification must pay a nonrefundable 
certification fee of five thousand dollars.  BMM appreciates the efficiency achieved by combining rules 3772 -
15-02 and 37 72-15-03 within this rule, and we recognize the nee d
f
or a fee increase to offset the increased investigative costs to the
State.  However, an increase of this significance is unusual withoutimplementing additional clarity of purpose and similarlyaccommo dating change to benefit all parties.Ohio Adm.  Code Chapter 3772 -15 Independent Testing Laboratories  
Date: December 3 , 2021 
December 3, 2021  BMM Testlabs  Page 2 of 5 
Category  Section  Quote From Standards  BMM Testlabs  Feedback  
(D) The certification fee may be increased to
the extent that the cost of the background 
investigation exceeds the certification fee set 
forth in paragraph (C) of this rule. The 
executive director must advise the 
independent testing laboratory in writing that 
an additional certification f ee is required and 
the amount of the additional fee. The 
commission will not certify an independent 
testing laboratory until the entirety of the 
certification fee is paid.  
(E)Unless otherwise approved by the
executive director, all fees must be submitted  
by electronic funds transfer payable to the 
treasurer of the state of Ohio.  
(F)Independent testing laboratory
certification expires three years after the 
date of certification.  Given the clear intent for this change, we suggest also adjusting 
the duration of the certification period to five years.  This will 
further reduce the cost burden for the State and lessen the timing and cost impact on the ITLs.  Considering that subset (D) maintains the Executive Director’s ability to increase these fees should cost exceed the initial amount, there is little to no negative effect for such a duration change.  
B
MM’s recommendation:  
“(C) …  
(D) The certification fee may be increased … The executive directormust advise the independent testing laboratory in writing that
 an
addi
tional certification fee is required and the amount and purpose
of the additional fee. The commission will not certify an
independent testing laboratory until the entirety of thecertification fee is paid.
(F)Independent testing laboratory certification expires three fiv e
years after the date of certification.”
ITL 
Certification  
and 
Compliance Investigation  Rule 3772 -
15-01 (H)
and
Rule 3772 -
15-02 (A)(B)(H) A certified independent testing 
laboratory must undergo a compliance 
investigation at least  once every three years, 
as determined by the executive director, to 
verify  compliance with  Chapter 3772. of the 
Revised Code and the rules adopted 
thereunder.  
(1)Before an ( A) An independent testin g
laboratory is certified by the commission, it
shall undergo an investigation to determine
its competency and qualifications to conduct
testing under Chapter 3772. requesting of theFor continuity, BMM suggests exchanging 3772 -15-01(H) with 
3772- 15-02(A) .  This will retain certification/renewal focus within 
3772- 15-01 and compliance investigation focus within 3772 -15-02. 
T
o address the compliance investigation aspect of the 
certification/renewal process, we suggest the following edits when moving these sections between rules:  
“3772 -15-01(H) An independent testing laboratory requesting 
certification or requesting renewal certification must 
undergo  a compliance investigation  in accordance w ith Rule 
3772 -15-02.  The independent testing laboratory 's sole 
expense and cost, and  must bear all cost above the initial fee  Ohio Adm.  Code Chapter 3772 -15 Independent Testing Laboratories  
Date: December 3 , 2021 
 
 
December 3, 2021  BMM Testlabs  Page 3 of 5 
 
Category  Section  Quote From Standards  BMM Testlabs  Feedback  
Revised Code and the rules adopted  
thereunder.  
(B) The commission may obtain and use 
information gathered b y another gaming 
jurisdiction  in its decision to approve or deny  
certification of an independent testing 
laboratory or requesting renewal certification 
must provide all information, documents and 
materials  required by the executive director, 
at the independent testing laboratory's sole 
expense and  cost, and must bear the cost of 
the investi gation . for the cost of the investigation.   Results from a  compliance 
investigation completed within the year prior to a re newal 
certification request may be applied to the renewal certification 
request at the executive director’s discretion. ” 
 
“3772 -15-02(A) At least once every three years, as determined by 
the executive director, A a certified independent testing laboratory 
must undergo a compliance investigation at least once every three 
years, as determined by the executive director, to verify 
compliance with Chapter 3772. of the Revised Code and the rules 
adopted thereunder.   The certified independent testing  laboratory  
must provide all information, documents and materials 
required by the executive director , at the independent 
testing laborator y's sole expense, and must bear the cost of 
the investigation .” 
Certification 
Requirement  Rule 3772 -
15-03 
(A)(12)(a)  – 
(d) (12) Maintain all records for a minimum of 
five years unless otherwise specified as 
follows:  
(a) Maintain indefinitely, as determined by 
the executive director, any other records, 
information, or conditions necessary to 
ensure the integrity of casino gaming;  
(a)(b) Maintain indefinitely,  an electronic 
database containing testing data, reports, 
and related materials and provide access to 
the commission. Data, reports, and related  
materials shall must  be provided in a format 
and through a mechanism required by  the 
commission;  
(M) (c)  Maintain all records about previous 
and current submissions for a minimum  
indefinitely an inventory of five years;  BMM observes that, despite the five-year  duration initially 
indicated in subset (12), all sections under (12) are preceded by 
“Maintain indefinitely”.  
 
As a rule, this should provide a measurable duration within w hich 
compliance is mandatory.  Asserting an open- ended, cost bearing 
obligation on any regulated entity is unsustainable .  Please 
consider  the complexity as written : 
1. It is logistically and operationally impossible to maintain 
an indefinite inventory of gaming equipment .  Such an 
inventory would rapidly exceed any reasonable physical 
capacity.  
2. It is fiscally unsustainable  to maintain an  indefinite , ever -
growing library of submitted software and associated 
data, reports and materials . 
3. Maintenance of hardware and software is the 
responsibility of the manufacturer  and, as such, any Ohio Adm.  Code Chapter 3772 -15 Independent Testing Laboratories  
Date: December 3 , 2021 
December 3, 2021  BMM Testlabs  Page 4 of 5 
Category  Section  Quote From Standards  BMM Testlabs  Feedback  
(b)Agree to not subcontract testing of any
electronic gaming equipment to be used in  a
casino facility without the prior written
approval of the commission;  and authorized
versions of software submitted for testing;
and 
(N)Maintain any other records, information
or conditions the commission determines is
necessary to ensure the integrity of casino
gaming; and
(d)P rovide immediate notification to th e
commission of any breach or failure to meet
any condition of certification listed in this rule
and any  Maintain indefinitely all software,
along with the documentation and source
code, submitted for testing in an archived 
manner which i s secure and readily accessible 
to appropriately approved laboratory 
personnel;  maintenance requirement placed on the ITL for such 
materials is redundant . 
W
hile we understand the concern the Commission seeks to address 
with this collection of products and information, we must request a 
measurable duration.  No maintenance requirement should exceed 
the lifecycle of the product or record needing to be maintained.   
BMM Recom mends:  
“(12) Maintain all records , for the greater  duration of a minimum 
of five years  or as l ong as an associated c ommission approval 
remains in effect,  unless otherwise specified as follows:  
(a)M aintain indefinitely, as As determined by the executiv e
director, any other records, information, or conditions necessaryto ensure the integrity of casino gaming;
(b)M aintain indefinitely, an An electronic database containing
testing data, reports, and related materials and provide  access to
the commission. Data, reports, and related materials must beprovided in a format and through a mechanism required by thecommission;
(c)M aintain indefinitely If not available from the manufacturer,
any inventory of gaming equipment and authorized versions o f
software submitted for testing  to be used in casino gaming; and
(d)Maintain indefinitely aIf not available from the
manufacturer, all software, along with the documentation
and source code, submitted for testing in an archived
manner which is secure and readily accessible to
appropriately approved laboratory personnel;
ITL Duties  Rule 3772 -
15-04 (B)(B)A certified independent test laboratory
shall must provide a report to th e
commission of its test results for eachBMM understands this requirement as applicable to submissions 
that qualify for certification  and possible approval .  As such we 
suggest the following minor edit:  Ohio Adm.  Code Chapter 3772 -15 Independent Testing Laboratories  
Date: December 3 , 2021 
December 3, 2021  BMM Testlabs  Page 5 of 5 
Category  Section  Quote From Standards  BMM Testlabs  Feedback  
submission. The report shall  must  be 
provided in a format approved by the  
commission. No submission shall will be 
considered approved for use in Ohio until 
approved by the commission.  “(B) A certified independent test laboratory shall must  provide a 
report to the commission of its test results for each submission  
receiving certification  to be used in casino gaming. The report shall 
must  be provided in a format approved by the  commission. No 
submission shall will be considered approved for use in Ohio until 
approved by the commission. ” From: Kevin Mullally
To: Morrison, Andromeda
Cc: Fleenor, Chris
Subject: Comments on proposed changes to independent testing laboratory certification rules
Date: Friday, December 3, 2021 12:34:06 PM
Good afternoon Andromeda:
 
I hope this finds you doing well.  On behalf of GLI we respectfully submit the following comments to
the proposed rule amendments for testing laboratory certification.  
1. 3772-14-03(A)(6) requires an independent testing laboratory (ITL) to provide the commission with
verification tools as a condition of being certified.  Verification tools have become a specializedarea of product development.  As a result, GLI no longer offers verification tools, but insteadpurchases them from specialized vendors such as Kobetron.  We request that the rule beamended to allow the ITL to bill the commission for the actual cost of acquiring such tools. Otherwise, there should be a fiscal impact assigned to this rule as it will impose additional cost onthe ITL.
2. 3772-15-03(A)(12)(c) requires the ITL to maintain indefinitely “an inventory of gaming equipmentand authorized versions of software submitted for testing ” [emphasis added ].  There are a
number of other rules that require information to be maintained indefinitely.  While GLI’s currentpractice is to maintain all testing data and related records, we note that a requirement tomaintain information indefinitely is unusual and we are unable to identify another jurisdictionglobally with such a requirement.  Although we believe a more appropriate standard for testingdata retention would be “20 years, unless otherwise determined by the executive director”, GLI’scurrent practices for testing data align with the proposed requirement.  However, this is not thecase will all gaming equipment.  Requiring an ITL to maintain hardware, EPROMS, and otherphysical components that have been submitted for testing, regardless of whether the equipmentor software was withdrawn or rejected, would impose a costly and unnecessary burden on theITL.  Moreover, we are not able to identify any public policy objective for retaining equipment orsoftware indefinitely if it has been withdrawn or rejected.  We respectfully suggest that therequirement for physical equipment and software be amended as follows:
a. “Maintain an inventory of gaming equipment and authorized versions of software submitted fortesting for at least 10 years, unless otherwise determined by the executive director.  If gamingequipment or software has been withdrawn or rejected, the independent testing laboratory mayrelease, return, destroy, or otherwise discard the equipment or software when at least ninety (90)days have elapsed since the withdrawal or rejection of the submission, unless the laboratory hasbeen ordered by the executive director to retain with equipment or software.”
3. In alignment with the comments in 2), GLI requests the commission to reconsider imposing arequirement to maintain software, along with documentation and source code, for allsubmissions.  In addition to the questionable practice of maintaining forever software that waswithdrawn or rejected, this requirement places GLI in the position of being a permanentcustodian of software that may no longer be in use in Ohio and serves no regulatory objective. Moreover, it imposes substantial liability exposure to GLI, which could pose problems withobtaining the required levels of insurance mandated by many regulatory agencies.  GLIrespectfully suggests that a retention period of 10 years unless otherwise determined by theexecutive director is an adequate risk control policy.
4. 3772-15-03(A)(13) and (14) appear to require the ITL to provide costly professional services at nocharge.  Forensic investigations, expert analysis, and training are premium services that GLI isuniquely positioned to offer, and which are in high demand.  Regarding forensic services, werequest OCCC to consider allowing these to be billed to the impacted supplier, which is thestandard practice in most jurisdictions.  Training is an especially high demand service area,especially with the introduction of sports betting and online gaming.  Moreover, the GLI personnelperforming these services are senior members of our staff that are globally recognized for theirexpertise.  To require GLI to provide these services free of charge not only imposes a significanteconomic burden, it also precludes GLI from being able to offer these services to paying clientsduring the time OCCC may be mandating GLI to perform such services in Ohio.  Finally, it creates alevel of unfairness as other ITLs either do not offer such services or they are rarely requested fromthem as GLI is the clear leader in this line of services.
GLI values its long history of service to OCCC and appreciates the opportunity to offer these
comments.
 
 If you have any questions or are interested in discussing this in more detail, please
contact me at 702-236-9508 or via email.
Very Best Regards,
Kevin Mullally 
Senior Vice-President of Government Relations & General Counsel 
www.gaminglabs.com  
o 732-719-1133
c 702-236-9508
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or click
the Phish Alert Button if available. From: Daron Dorsey
To: Morrison, Andromeda
Cc: Alisha Ray
Subject: Comments to Proposed Rules
Date: Friday, December 3, 2021 11:32:14 AM
Attachments: ainsworth_corporate_registeredlogo_colour_870a4b58-de6c-4b30-ae5c-5f21496995d9.png
Andromeda:
I write in reference to the recently-posted proposed rules for Independent Testing Laboratories
(ITLs) and the forthcoming rulemaking process by the OCCC. 
 
While the proposed rules are related to
ITLs, not licensed manufacturers, Ainsworth Game Technology wishes to comment about certainportions of the proposed rules, namely 3772-15-03(12).
In that proposed section/subsection, the time limitation for data retention, including source codeand related documentation, is set forth as “indefinitely” for a variety of items.
 
 A period of time that
is uncertain and possibly perpetual could be problematic, especially for the categories of informationset forth in subsection (d) of 3772-15-03(12) that could encompass materials and source code forproducts that were never authorized or made available to the public within the OCCC jurisdiction.
 
The uncertainty and perpetual nature of the term “indefinitely” is something we as a manufacturerwish to bring to the OCCC’s attention despite these proposed rules being targeted to ITLs, for webelieve a certain defined time period of recordkeeping may be more appropriate.
I have copied our Director of Compliance for the Americas, Alisha Ray, on this communication, forshe has also spoken with Mr. Fleener on the topic.
 
 Ainsworth appreciates the opportunity to
conduct business within the OCCC jurisdiction and to provide our thoughts on the above-referencedproposed rules.
 
 If the OCCC needs additional information from Ainsworth or wishes to hear directly
from other manufacturers or related organizations, please let us know.
Regards,
Daron
Daron Dorsey
SVP, General Counsel & Group Compliance Officer
D:702-954-3062
M:702-439-3033
T:702-954-3000
E:DDorsey@agtslots.com
W:www.agtslots.com
Ainsworth Game Technology
5800 Rafael Rivera WayLas Vegas, NV US 89118  The information contained in or attached to this message is solely for the use of the intended addressee. If you are not an intended recipient, any
use, disclosure or copying of this information is unauthorized and prohibited. The information contained herein is confidential and may be legallyprivileged. If you receive this message in error, please notify us immediately and delete all copies from your computer. A message mistakenly sentdoes not constitute a waiver of confidentiality or privilege. The information contained in this message is not an expressed view of AGT, or any of itssubsidiaries, unless clearly stated to be so. 
CAUTION:  This is an external email and may not be safe. If the email looks suspicious,
please do not click links or open attachments and forward the email to csc@ohio.gov or click
the Phish Alert Button if available. From: Matthew Spitnale
To: Morrison, Andromeda
Cc: Donahue, Craig ; Fleenor, Chris
Subject: Penn Comments on Proposed Revisions to 3772-20
Date: Friday, December 3, 2021 4:51:53 PM
Andromeda,
 
Thank you for the opportunity to provide comments on the proposed changes to OAC 3772-20-02
(“Rule”). Hollywood Casino Columbus and Toledo respectfully request commission staff reevaluatethe Rule which would require casinos to maintain ten or more Security staff when open for business,
or maintain a number above ten at the discretion of the executive director. We also would like to
recommend a small revision to clarify Security’s role in 20-01. 
Rule 3772-20-02
 
On a recent call commission staff emphasized two important duties each casino’s Security team
executes.  First, and most importantly, is maintaining a security presence to ensure the overall safety
and well-being of both patrons and staff. When reopening in the summer of 2020, under thedirection of commission leadership, both casinos started a dialogue with local police that would
significantly increase their presence to 24/7 availability. With this presence, casino Security and
commission agents are afforded a consistent additional layer of support that otherwise might bedelayed based on officer availability in the area. This investment, while considerable, makes both
casinos more secure than any other time since our grand openings. Second, commission staff wants
to ensure the compliance duties assigned to Security are adequately met. Each casino’sDirector/Manager of Security meets weekly with our General Managers and I to discuss any issues
they are experiencing. While recruitment of new officers is often discussed, an inability to meet
regulatory and/or operational demands with existing minimum staffing has not been an issue. Withthat, we believe current staffing minimums are sufficient to ensure proper operations.  
 
We believe each casino’s unique circumstances should be considered when determining minimumstaffing levels. For example, a casino with fewer entry points may require a smaller security
presence. Conversely, a casino located directly in a downtown setting is likely to see greater strain
on security resources and therefore require a larger presence. We believe these differences are builtinto Columbus and Toledo’s existing controls and do not warrant modification.   To that extent, we
would welcome continued dialog with commission staff to consider each casino’s unique size, patron
volume and geographic location across the state to establish security staffing minimums. 
As a general observation, Penn notes a trend in the commission’s recent rule reviews of affording
the executive director and staff greater discretion in the enforcement of gaming regulations. Pennappreciates this movement, as it allows flexibility through circumstances unique to an operator or
period of time. Penn continues to operate through one of these unusual times and is concerned that
the specific nature of the proposed change will eliminate this discretion and operational flexibility.The pandemic has drastically shifted national labor markets that impact our ability to not only staff
our security departments, but all other departments as well. Security remains a department for
which our talent acquisition teams are instructed to always leave the spout “open.” As discussedwith commission staff, both casinos strive to schedule Security with a number of officers above
established minimums. We have developed, and the commission has approved, a number of unique
approaches to ensure staffing stays at or above established minimums. Still, our ability to maintainthese minimums remains a challenge. We fear that an increased minimum staffing requirement willexacerbate that challenge.
We believe the commission presently has the necessary regulatory tools to ensure each casinoprovides sufficient security and that a rule change is not necessary. For all these reasons, werecommend the commission not proceed with the proposed Rule, but instead work with the casinosacross the state to use the existing workable regulations and our required security internal controls.
Alternatively, we would propose a modification that would require all operators to have minimumstaffing of 8 Security team members, with discretion still afforded to the executive director toincrease this number as needed. In either scenario, be it 10 or 8 required security officers, we wouldrespectfully request that language be included in the Rule that allows the casinos to modify theirsecurity staffing levels based on a prepared staffing plan submitted to the commission for theirconsideration and approval that ensures 
the delineation of security staffing duties and
responsibilities are adequately covered, and any other factors as deemed relevant by the
commission.
Rule 3772-20-01
In an effort to clarify the circumstances in which Security is enlisted to assist in critical situations, wepropose the following change to 20-01:
(B) The casino operator’s security department must do the following:
(5) Assist the commission as requested by a gaming agent or law enforcement , in the
prevention, halting, or investigation of an offense, include halting a person’s actions
if necessary to prevent injury to a person.
Penn shares the commission’s commitment to ensuring staff and patron safety and that operationsare compliant with state gaming regulations. We appreciate commission staff providing anopportunity to give input on these rule changes.
Sincerely,
Matt Spitnale
Ohio Regional Director of CompliancePenn National Gaming, Inc.Mobile: 614-813-9587| Office: 614-308-4476
 
Matthew.Spitnale@pngaming.com
 
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CAUTION:  This is an external email and may not be safe. If the email looks suspicious,
please do not click links or open attachments and forward the email to csc@ohio.gov or click
the Phish Alert Button if available. From: Lisa Powers
To: Morrison, Andromeda
Cc: Donahue, Craig ; Fleenor, Chris ; Scott Lokke ; Chris Volle ; Garry Prebynski ; Adam Leuschen
Subject: Rules Review Comments - OAC 3772-20-02
Date: Friday, December 3, 2021 4:56:17 PM
Good Afternoon Andromeda,
JACK Cleveland Casino respectfully submits the following comment to Ohio Admin. Code 3772-
20-02 Security department staffing:
Paragraph B – We propose that the casino security department must be staffed with aminimum of eight security staff on duty any time the casino is open. Please note, the proposalchanges the distinction of “security officers” to “security staff” to include Security leadership(Supervisors and above). This number aligns with our currently approved minimum staffinglevels, which includes one Security team member at the employee entrance/dispatch, one ateach podium (three podiums), three rovers, and a Security Supervisor or above. We want toensure the language in the rule represents a true minimum staffing level, while we increase thenumber of Security team members on-duty based on business needs and when staffing levelspermit.
Please let me know if you have any questions or require additional information. We appreciateyour review and consideration of our comments.
Thank you,Lisa
LI
SA POWERS
DIRECTOR OF COMPLIANCE
D: 216-297-4798M: 513-667-4506LISAPOWERS@JACKENTERTAINMENT.COM100 PUBLIC SQUARE, CLEVELAND, OH, 44113WWW.JACKENTERTAINMENT.COM
  
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