MINIMUM TECHNICAL STANDARDS FOR GAMING EQUIPMENT 

USED WITH THE PLAY OF CLASS II GAMES 

25 CFR PART 547 

Section Contents

§ 547.1 What is the purpose of this part?

§ 547.2 How do these regulations affect state jurisdiction?

§ 547.3 What are the definitions for this part?

§ 547.4 How does a tribal government, tribal gaming regulatory authority, or tribal gaming 

operation comply with this part?

§ 547.5 What are the rules of interpretation and of general application for this part?

§ 547.6 What are the minimum technical standards for enrolling and enabling Class II gaming 

system components?

§ 547.7 What are the minimum technical hardware standards applicable to Class II gaming 

systems?

§ 547.8 What are the minimum technical software standards applicable to Class II gaming 

systems?

§ 547.9 What are the minimum technical standards for Class II gaming system accounting 

functions?

§ 547.10 What are the minimum standards for Class II gaming system critical events?

§ 547.11 What are the minimum technical standards for money and credit handling?

§ 547.12 What are the minimum technical standards for downloading on a Class II gaming 

system?

§ 547.13 What are the minimum technical standards for program storage media?

§ 547.14 What are the minimum technical standards for electronic random number generation?

§ 547.15 What are the minimum technical standards for electronic data communications 

between system components?

§ 547.16 What are the minimum standards for game artwork, glass, and rules?

§ 547.17 How does a tribal gaming regulatory authority apply for a variance from these 

standards?

Authority: 25 U.S.C. 2706(b).

Source: 73 FR 60525, Oct. 10, 2008. 

§ 547.1 What is the purpose of this part? 

The Indian Gaming Regulatory Act, 25 U.S.C. 2703(7)(A)(i), permits the use of electronic, computer, or other 

technologic aids in connection with the play of Class II games. This part establishes the minimum technical 

standards governing the use of such aids.

§ 547.2 How do these regulations affect state jurisdiction? 

Nothing in this part shall be construed to grant to a state jurisdiction over Class II gaming or to extend a 

state's jurisdiction over Class III gaming.

§ 547.3 What are the definitions for this part? 

For the purposes of this part, the following definitions apply:

Account access component. A component within a Class II gaming system that reads or recognizes account 

access media and gives a patron the ability to interact with his or her account. 
Account access medium. A magnetic stripe card or any other medium inserted into, or otherwise made to 

interact with, an account access component in order to give a patron the ability to interact with an account. 

Audit mode. The mode where it is possible to view Class II gaming system accounting functions, statistics, 

etc. and perform non-player-related functions. 

Agent. An employee or other person authorized by the gaming operation, as approved by the tribal gaming 

regulatory authority, designated for certain decisions, tasks and actions in the gaming operation. 

Cancel credit. An action initiated by the Class II gaming system where some or all of a player's credits are 

removed by an attendant and paid to the player. 

Cashless system. A system that performs cashless transactions and maintains records of those cashless 

transactions. 

Cashless transaction. A movement of funds electronically from one component to another, often to or from a 

patron deposit account. 

CD–ROM. Compact Disc—Read Only Memory. 

Chairman. The Chairman of the National Indian Gaming Commission. 

Class II game. The same as “class II gaming” in 25 U.S.C. 2703(7)(A). 

Class II gaming system. All components, whether or not technologic aids in electronic, computer, 

mechanical, or other technologic form, that function together to aid the play of one or more Class II games, 

including accounting functions mandated by these regulations. 

Commission. The National Indian Gaming Commission established by the Indian Gaming Regulatory Act, 25 

U.S.C. 2701 et seq. 

Coupon. A financial instrument of fixed wagering value, usually paper, that can only be used to acquire noncashable credits through interaction with a voucher system. This does not include instruments such as 

printed advertising material that cannot be validated directly by a voucher system. 

Critical memory. Memory locations storing data essential to the functionality of the Class II gaming system. 

DLL. A Dynamic-Link Library file. 

Download package. Approved data sent to a component of a Class II gaming system for such purposes as 

changing the component software. 

DVD. Digital Video Disk or Digital Versatile Disk. 

Electromagnetic interference. The physical characteristic of an electronic component to emit electronic noise 

either into free air, onto the power lines, or onto communication cables. 

Electrostatic discharge. A single-event, rapid transfer of electrostatic charge between two objects, usually 

resulting when two objects at different potentials come into direct contact with each other. 

EPROM. Erasable Programmable Read Only Memory—a storage area that may be filled with data and 

information, that once written is not modifiable, and that is retained even if there is no power applied to the 

machine. 
Fault. An event that when detected by a Class II gaming system causes a discontinuance of game play or 

other component functions. 

Financial instrument. Any tangible item of value tendered in Class II game play, including, but not limited to, 

bills, coins, vouchers and coupons. 

Financial instrument acceptor. Any component that accepts financial instruments. 

Financial instrument dispenser. Any component that dispenses financial instruments. 

Financial instrument storage component. Any component that stores financial instruments. 

Flash memory. Non-volatile memory that retains its data when the power is turned off and that can be 

electronically erased and reprogrammed without being removed from the circuit board. 

Game software. The operational program or programs that govern the play, display of results, and/or 

awarding of prizes or credits for Class II games. 

Gaming equipment. All electronic, electro-mechanical, mechanical, or other physical components utilized in 

the play of Class II games. 

Hardware. Gaming equipment. 

Interruption. Any form of mis-operation, component failure, or interference to the Class II gaming equipment. 

Modification. A revision to any hardware or software used in a Class II gaming system. 

Non-cashable credit. Credits given by an operator to a patron; placed on an Class II gaming system through 

a coupon, cashless transaction or other approved means; and capable of activating play but not being 

converted to cash. 

Patron deposit account. An account maintained on behalf of a patron, for the purpose of depositing and 

withdrawing cashable funds for the primary purpose of interacting with a gaming activity. 

Player interface. Any component or components of a Class II gaming system, including an electronic or 

technologic aid (not limited to terminals, player stations, handhelds, fixed units, etc.), that directly enables 

player interaction in a Class II game. 

Prize schedule. The set of prizes available to players for achieving pre-designated patterns in the Class II 

game. 

Program storage media. An electronic data storage component, such as a CD–ROM, EPROM, hard disk, or 

flash memory on which software is stored and from which software is read. 

Progressive prize. A prize that increases by a selectable or predefined amount based on play of a Class II 

game. 

Random number generator (RNG). A software module, hardware component or combination of these 

designed to produce outputs that are effectively random. 

Reflexive software. Any software that has the ability to manipulate and/or replace a randomly generated 

outcome for the purpose of changing the results of a Class II game. 
Removable/rewritable storage media. Program or data storage components that can be removed from 

gaming equipment and be written to, or rewritten by, the gaming equipment or by other equipment designed 

for that purpose. 

Server. A computer that controls one or more applications or environments within a Class II gaming system. 

Test/diagnostics mode. A mode on a component that allows various tests to be performed on the Class II 

gaming system hardware and software. 

Testing laboratory. An organization recognized by a tribal gaming regulatory authority pursuant to §547.4(f). 

Tribal gaming regulatory authority. The entity authorized by tribal law to regulate gaming conducted pursuant 

to the Indian Gaming Regulatory Act. 

Voucher. A financial instrument of fixed wagering value, usually paper, that can only be used to acquire an 

equivalent value of cashable credits or cash through interaction with a voucher system. 

Voucher system. A component of the Class II gaming system or an external system that securely maintains 

records of vouchers and coupons; validates payment of vouchers; records successful or failed payments of 

vouchers and coupons; and controls the purging of expired vouchers and coupons. 

§ 547.4 How does a tribal government, tribal gaming regulatory authority, or tribal gaming 

operation comply with this part? 

(a) Limited immediate compliance. A tribal gaming regulatory authority shall:

(1) Require that all Class II gaming system software that affects the play of the Class II game be submitted, 

together with the signature verification required by §547.8(f), to a testing laboratory recognized pursuant to 

paragraph (f) of this section within 120 days after November 10, 2008; 

(2) Require that the testing laboratory test the submission to the standards established by §547.8(b), 

§547.8(f), §547.14, the minimum probability standards of §547.5(c), and to any additional technical 

standards adopted by the tribal gaming regulatory authority; 

(3) Require that the testing laboratory provide the tribal gaming regulatory authority with a formal written 

report setting forth and certifying to the findings and conclusions of the test; 

(4) Make a finding, in the form of a certificate provided to the supplier or manufacturer of the Class II gaming 

system, that the Class II gaming system qualifies for grandfather status under the provisions of this section, 

but only upon receipt of a testing laboratory's report that the Class II gaming system is compliant with 

§547.8(b), §547.8(f), the minimum probability standards of §547.5(c), §547.14, and any other technical 

standards adopted by the tribal gaming regulatory authority. If the tribal gaming regulatory authority does not 

issue the certificate, or if the testing laboratory finds that the Class II gaming system is not compliant with 

§547.8(b), §547.8(f), the minimum probability standards of §547.5(c), §547.14, or any other technical 

standards adopted by the tribal gaming regulatory authority, then the gaming system shall immediately be 

removed from play and not be utilized. 

(5) Retain a copy of any testing laboratory's report so long as the Class II gaming system that is the subject 

of the report remains available to the public for play; 

(6) Retain a copy of any certificate of grandfather status so long as the Class II gaming system that is the 

subject of the certificate remains available to the public for play; and 

(7) Require the supplier of any player interface to designate with a permanently affixed label each player 

interface with an identifying number and the date of manufacture or a statement that the date of manufacture 

was on or before the effective date of this part. The tribal gaming regulatory authority shall also require the 
supplier to provide a written declaration or affidavit affirming that the date of manufacture was on or before 

November 10, 2008. 

(b) Grandfather provisions. All Class II gaming systems manufactured or placed in a tribal facility on or 

before the effective date of this part and certified pursuant to paragraph (a) of this section are grandfathered 

Class II gaming systems for which the following provisions apply: 

(1) Grandfathered Class II gaming systems may continue in operation for a period of five years from 

November 10, 2008. 

(2) Grandfathered Class II gaming system shall be available for use at any tribal gaming facility subject to 

approval by the tribal gaming regulatory authority, which shall transmit its notice of that approval, identifying 

the grandfathered Class II gaming system and its components, to the Commission. 

(3) As permitted by the tribal gaming regulatory authority, individual hardware or software components of a 

grandfathered Class II gaming system may be repaired or replaced to ensure proper functioning, security, or 

integrity of the grandfathered Class II gaming system. 

(4) All modifications that affect the play of a grandfathered Class II gaming system must be approved 

pursuant to paragraph (c) of this section, except for the following: 

(i) Any software modifications that the tribal gaming regulatory authority finds will maintain or advance the 

system's overall compliance with this part or any applicable provisions of parts 542 and 543 of this chapter, 

after receiving a new testing laboratory report that the modifications are compliant with the standards 

established by §547.8(b), the minimum probability requirements of §547.5(c), §547.14, and any other 

standards adopted by the tribal gaming regulatory authority; 

(ii) Any hardware modifications that the tribal gaming regulatory authority finds will maintain or advance the 

system's overall compliance with this part or any applicable provisions of parts 542 and 543 of this chapter; 

and 

(iii) Any other modification to the software of a grandfathered Class II gaming system that the tribal gaming 

regulatory authority finds will not detract from, compromise or prejudice: 

(A) The proper functioning, security, or integrity of the Class II gaming system, and 

(B) The gaming system's overall compliance with the requirements of this part or any applicable provisions 

of parts 542 and 543 of this chapter. 

(iv) No such modification may be implemented without the approval of the tribal gaming regulatory authority. 

The tribal gaming regulatory authority shall maintain a record of the modification so long as the Class II 

gaming system that is the subject of the modification remains available to the public for play and shall make 

the record available to the Commission upon request. The Commission will only make available for public 

review records or portions of records subject to release under the Freedom of Information Act, 5 U.S.C. 552; 

the Privacy Act of 1974, 5 U.S.C. 552a; or the Indian Gaming Regulatory Act, 25 U.S.C. 2716(a). 

(c) Submission, testing, and approval—generally. Except as provided in paragraphs (b) and (d) of this 

section, no tribal gaming regulatory authority shall permit in a tribal gaming operation the use of any Class II 

gaming system, or any associated cashless system or voucher system or any modification thereto, unless: 

(1) The Class II gaming system, cashless system, voucher payment system, or modification has been 

submitted to a testing laboratory; 

(2) The testing laboratory tests the submission to the standards established by: 

(i) This part; 
(ii) Any applicable provisions of parts 542 and 543 of this chapter that are testable by the testing laboratory; 

and 

(iii) The tribal gaming regulatory authority; 

(3) The testing laboratory provides a formal written report to the party making the submission, setting forth 

and certifying to its findings and conclusions; and 

(4)(i) Following receipt of the testing laboratory's report, the tribal gaming regulatory authority makes a 

finding that the Class II gaming system, cashless system, or voucher system conforms to the standards 

established by: 

(A) This part; 

(B) Any applicable provisions of parts 542 and 543 of this chapter that are testable by the testing laboratory; 

and 

(C) The tribal gaming regulatory authority. 

(ii) The tribal gaming regulatory authority shall retain a copy of the testing laboratory's report so long as the 

Class II gaming system, cashless system, voucher system, or modification thereto that is the subject of the 

report remains available to the public for play in its gaming operation. 

(d) Emergency hardware and software modifications. (1) A tribal gaming regulatory authority, in its 

discretion, may permit modified hardware or software to be made available for play without prior laboratory 

testing or review if the modified hardware or software is: 

(i) Necessary to correct a problem affecting the fairness, security, or integrity of a game or accounting 

system or any cashless system, or voucher system; or 

(ii) Unrelated to game play, an accounting system, a cashless system, or a voucher system. 

(2) If a tribal gaming regulatory authority authorizes new or modified software or hardware to be made 

available for play or use without prior testing laboratory review, the tribal gaming regulatory authority shall 

thereafter require the hardware or software manufacturer to: 

(i) Immediately advise other users of the same hardware or software of the importance and availability of the 

update; 

(ii) Immediately submit the new or modified hardware or software to a testing laboratory for testing and 

verification of compliance with this part and any applicable provisions of parts 542 and 543 of this chapter 

that are testable by the testing laboratory; and 

(iii) Immediately provide the tribal gaming regulatory authority with a software signature verification tool 

meeting the requirements of §547.8(f) for any new or modified software. 

(3) If a tribal gaming regulatory authority authorizes a software or hardware modification under this 

paragraph, it shall maintain a record of the modification and a copy of the testing laboratory report so long as 

the Class II gaming system that is the subject of the modification remains available to the public for play and 

shall make the record available to the Commission upon request. The Commission will only make available 

for public review records or portions of records subject to release under the Freedom of Information Act, 5 

U.S.C. 552; the Privacy Act of 1974, 5 U.S.C. 552a; or the Indian Gaming Regulatory Act, 25 U.S.C. 

2716(a). 

(e) Compliance by charitable gaming operations . This part shall not apply to charitable gaming operations, 

provided that: 
(1) The tribal government determines that the organization sponsoring the gaming operation is a charitable 

organization; 

(2) All proceeds of the charitable gaming operation are for the benefit of the charitable organization; 

(3) The tribal gaming regulatory authority permits the charitable organization to be exempt from this part; 

(4) The charitable gaming operation is operated wholly by the charitable organization's employees or 

volunteers; and 

(5) The annual gross gaming revenue of the charitable gaming operation does not exceed $1,000,000. 

(f) Testing laboratories . (1) A testing laboratory may provide the examination, testing, evaluating and 

reporting functions required by this section provided that: 

(i) It demonstrates its integrity, independence and financial stability to the tribal gaming regulatory authority. 

(ii) It demonstrates its technical skill and capability to the tribal gaming regulatory authority. 

(iii) It is not owned or operated by the same tribe or tribal gaming regulatory authority for whom it is providing 

the testing, evaluating, and reporting functions required by this section. 

(iv) The tribal gaming regulatory authority: 

(A) Makes a suitability determination of the testing laboratory based upon standards no less stringent than 

those set out in §§533.6(b)(1)(ii) through (v) of this chapter and based upon no less information than that 

required by §537.1 of this chapter, or 

(B) Accepts, in its discretion, a determination of suitability for the testing laboratory made by any other 

gaming regulatory authority in the United States. 

(v) After reviewing the suitability determination and the information provided by the testing laboratory, the 

tribal gaming regulatory authority determines that the testing laboratory is qualified to test and evaluate 

Class II gaming systems. 

(2) The tribal gaming regulatory authority shall: 

(i) Maintain a record of all determinations made pursuant to paragraphs (f)(1)(iv) and (f)(1)(v) of this section 

for a minimum of three years and shall make the records available to the Commission upon request. The 

Commission will only make available for public review records or portions of records subject to release 

under the Freedom of Information Act, 5 U.S.C. 552; the Privacy Act of 1974, 5 U.S.C. 552a; or the Indian 

Gaming Regulatory Act, 25 U.S.C. 2716(a). 

(ii) Place the testing laboratory under a continuing obligation to notify it of any adverse regulatory action in 

any jurisdiction where the testing laboratory conducts business. 

(iii) Require the testing laboratory to provide notice of any material changes to the information provided to 

the tribal gaming regulatory authority. 

§ 547.5 What are the rules of interpretation and of general application for this part? 

(a) Minimum standards . A tribal gaming regulatory authority may establish and implement additional 

technical standards that are as stringent as, or more stringent than, those set out in this part.
(b) Only applicable standards apply . Gaming equipment and software used with Class II gaming systems 

shall meet all applicable requirements of this part. For example, if a Class II gaming system lacks the ability 

to print or accept vouchers, then any standards that govern vouchers do not apply. 

(c) Fairness . No Class II gaming system shall cheat or mislead users. All prizes advertised shall be 

available to win. No progressive prize shall have a probability of winning less than 1 in 100,000,000. No 

other prize shall have a probability of winning less than 1 in 50,000,000. 

(d) Approved equipment and software only . All gaming equipment and software used with Class II gaming 

systems shall be identical in all respects to a prototype reviewed and tested by a testing laboratory and 

approved for use by the tribal gaming regulatory authority pursuant to §547.4(a) through (c). Unapproved 

software shall not be loaded onto or stored on any program storage medium used in a Class II gaming 

system, except as provided in §547.4(d). 

(e) Proper functioning . All gaming equipment and software used with Class II gaming systems shall perform 

according to the manufacturer's design and operating specifications. 

(f) No Limitation of Technology . This part should not be interpreted to limit the use of technology or to 

preclude the use of technology not specifically referenced. 

(g) Severability . If any provision of this part is declared invalid by a court of competent jurisdiction, such 

decision shall not affect the remainder of this part. 

§ 547.6 What are the minimum technical standards for enrolling and enabling Class II 

gaming system components? 

 (a) General requirements . Class II gaming systems shall provide a method to:

(1) Enroll and unenroll system components; 

(2) Enable and disable specific system components. 

(b) Specific requirements . Class II gaming systems shall: 

(1) Ensure that only enrolled and enabled system components participate in gaming; and 

(2) Ensure that the default condition for components shall be unenrolled and disabled. 

§ 547.7 What are the minimum technical hardware standards applicable to Class II 

gaming systems? 

(a) General requirements . (1) The Class II gaming system shall operate in compliance with applicable 

regulations of the Federal Communications Commission.

(2) Prior to approval by the tribal gaming regulatory authority pursuant to §547.4(c), the Class II gaming 

system shall have obtained from Underwriters' Laboratories, or its equivalent, relevant certification(s) 

required for equipment of its type, including but not limited to certifications for liquid spills, electromagnetic 

interference, etc. 

(b) Printed circuit boards . (1) Printed circuit boards that have the potential to affect the outcome or integrity 

of the game, and are specially manufactured or proprietary and not off-the-shelf, shall display a unique 

identifier such as a part number and/or revision number, which shall be updated to reflect new revisions or 

modifications of the board. 
(2) Switches or jumpers on all circuit boards that have the potential to affect the outcome or integrity of any 

game, progressive award, financial instrument, cashless transaction, voucher transaction, or accounting 

records shall be capable of being sealed. 

(c) Electrostatic discharge . Class II gaming system components accessible to the public shall be 

constructed so that they exhibit immunity to human body electrostatic discharges on areas exposed to 

contact. Static discharges of ±15 kV for air discharges and ±7.5 kV for contact discharges may not cause 

damage, or inhibit operation or integrity of the Class II gaming system. 

(d) Physical enclosures . Physical enclosures shall be of a robust construction designed to resist determined 

illegal entry. All protuberances and attachments such as buttons, identification plates, and labels shall be 

sufficiently robust to avoid unauthorized removal. 

(e) Player interface . The player interface shall include a method or means to: 

(1) Display information to a player; and 

(2) Allow the player to interact with the Class II gaming system. 

(f) Account access components . A Class II gaming system component that reads account access media 

shall be located within a secure, locked or tamper-evident area or in a cabinet or housing that is of a robust 

construction designed to resist determined illegal entry and to protect internal components. In addition, the 

account access component: 

(1) Shall be constructed so that physical tampering leaves evidence of such tampering; and 

(2) Shall provide a method to enable the Class II gaming system to interpret and act upon valid or invalid 

input or error condition. 

(g) Financial instrument storage components . Any Class II gaming system components that store financial 

instruments and that are not operated under the direct control of a gaming operation employee or agent 

shall be located within a secure and locked area or in a locked cabinet or housing that is of a robust 

construction designed to resist determined illegal entry and to protect internal components. 

(h) Financial instrument acceptors . (1) Any Class II gaming system components that handle financial 

instruments and that are not operated under the direct control of an agent shall: 

(i) Be located within a secure, locked and tamper-evident area or in a locked cabinet or housing that is of a 

robust construction designed to resist determined illegal entry and to protect internal components; 

(ii) Be able to detect the entry of valid or invalid financial instruments and to provide a method to enable the 

Class II gaming system to interpret and act upon valid or invalid input or error condition; and 

(iii) Be constructed to permit communication with the Class II gaming system of the accounting information 

required by §547.9(a) and by applicable provisions of any Commission and tribal gaming regulatory 

regulations governing minimum internal control standards. 

(2) Prior to completion of a valid financial instrument transaction by the Class II gaming system, no monetary 

amount related to that instrument shall be available for play. For example, credits shall not be available for 

play until currency or coupon inserted into an acceptor is secured in the storage component. 

(3) The monetary amount related to all valid financial instrument transactions by the Class II gaming system 

shall be recorded as required by §547.9(a) and the applicable provisions of any Commission and tribal 

gaming regulatory authority regulations governing minimum internal control standards. 
(i) Financial instrument dispensers . (1) Any Class II gaming system components that dispense financial 

instruments and that are not operated under the direct control of a gaming operation employee or agent 

shall: 

(i) Be located within a secure, locked and tamper-evident area or in a locked cabinet or housing that is of a 

robust construction designed to resist determined illegal entry and to protect internal components; 

(ii) Provide a method to enable the Class II gaming system to interpret and act upon valid or invalid input or 

error condition; and 

(iii) Be constructed to permit communication with the Class II gaming system of the accounting information 

required by §547.9(a) and by applicable provisions of any Commission and tribal gaming regulatory 

regulations governing minimum internal control standards. 

(2) The monetary amount related to all valid financial instrument transactions by the Class II gaming system 

shall be recorded as required by §547.9(a), the applicable provisions of parts 542 and 543 of this chapter, 

and any tribal gaming regulatory authority regulations governing minimum internal control standards. 

(j) Game Outcome Determination Components . Any Class II gaming system logic components that affect 

the game outcome and that are not operated under the direct control of a gaming operation employee or 

agent shall be located within a secure, locked and tamper-evident area or in a locked cabinet or housing that 

is of a robust construction designed to resist determined illegal entry and to protect internal components. 

DIP switches or jumpers that can affect the integrity of the Class II gaming system must be capable of being 

sealed by the tribal gaming regulatory authority. 

(k) Door access detection . All components of the Class II gaming system that are locked in order to meet 

the requirements of this part shall include a sensor or other methods to monitor an open door. A door open 

sensor, and its components or cables, shall be secure against attempts to disable them or interfere with their 

normal mode of operation; 

(l) Separation of functions/no limitations on technology . Nothing herein shall prohibit the account access 

component, financial instrument storage component, financial instrument acceptor, and financial instrument 

dispenser from being included within the same component, or separated into individual components. 

§ 547.8 What are the minimum technical software standards applicable to Class II gaming 

systems? 

This section provides general software standards for Class II gaming systems for the play of Class II games.

(a) Player interface displays . (1) If not otherwise provided to the player, the player interface shall display the 

following: 

(i) The purchase or wager amount; 

(ii) Game results; and 

(iii) Any player credit balance. 

(2) Between plays of any game and until the start of the next play, or until the player selects a new game 

option such as purchase or wager amount or card selection, whichever is earlier, if not otherwise provided to 

the player, the player interface shall display: 

(i) The total purchase or wager amount and all prizes and total credits won for the last game played; 

(ii) The final results for the last game played, including entertaining displays of results, if any; and 
(iii) Any default purchase or wager amount for the next play. 

(b) Game initiation and play . (1) Each game played on the Class II gaming system shall follow and not 

deviate from a constant set of rules for each game provided to players pursuant to §547.16. Any change in 

rules constitutes a different game. There shall be no automatic or undisclosed changes of rules. 

(2) For bingo games and games similar to bingo, the Class II gaming system shall not alter or allow to be 

altered the card permutations or game rules used for play of a Class II game unless specifically chosen by 

the player prior to commitment to participate in the game. No duplicate cards shall be sold for any common 

draw. 

(3) No game play shall commence and, no financial instrument or credit shall be accepted on the affected 

player interface, in the presence of any fault condition that affects the outcome of the game, open door, or 

while in test, audit, or lock-up mode. 

(4) The player must choose to participate in the play of a game. 

(c) Audit Mode . (1) If an audit mode is provided, the Class II gaming system shall provide, for those 

components actively involved in the audit: 

(i) All accounting functions required by §547.9, by applicable provisions of any Commission regulations 

governing minimum internal control standards, and by any internal controls adopted by the tribe or tribal 

gaming regulatory authority; 

(ii) Display player interface identification; and 

(iii) Display software version or game identification; 

(2) Audit mode shall be accessible by a secure method such as an employee PIN and key or other auditable 

access control. 

(3) Accounting function data shall be accessible by an authorized person at any time, except during a 

payout, during a handpay, or during play. 

(4) The Class II gaming system shall disable financial instrument acceptance on the affected player interface 

while in audit mode, except during financial instrument acceptance testing. 

(d) Last game recall . The last game recall function shall: 

(1) Be retrievable at all times, other than when the recall component is involved in the play of a game, upon 

the operation of an external key-switch, entry of an audit card, or a similar method; 

(2) Display the results of recalled games as originally displayed or in text representation, including 

entertaining display results implemented in video, rather than electro-mechanical, form, if any, so as to 

enable the tribal gaming regulatory authority or operator to clearly identify the game sequences and results 

that occurred; 

(3) Allow the Class II gaming system component providing game recall, upon return to normal game play 

mode, to restore any affected display to the positions, forms and values displayed before access to the 

game recall information; and 

(4) Provide the following information for the current and previous four games played and shall display: 

(i) Game start time, end time, and date; 

(ii) The total number of credits at the start of play, less the purchase or wager amount; 
(iii) The purchase or wager amount; 

(iv) The total number of credits at the end of play; and 

(v) The total number of credits won as a result of the game recalled, and the value in dollars and cents for 

progressive prizes, if different. 

(vi) For bingo games and games similar to bingo only, also display: 

(A) The card(s) used by the player; 

(B) The identifier of the bingo game played; 

(C) The numbers or other designations drawn, in the order that they were drawn; 

(D) The numbers or other designations and prize patterns covered on each card; 

(E) All prizes won by the player, including winning patterns and entertaining displays implemented in video, 

rather than electro-mechanical form, if any; and 

(F) The unique identifier of the card on which prizes were won; 

(vii) For pull-tab games only, also display: 

(A) The result(s) of each pull-tab, displayed in the same pattern as on the tangible pull-tab; 

(B) All prizes won by the player; 

(C) The unique identifier of each pull tab; and 

(D) Any other information necessary to fully reconstruct the current and four previous plays. 

(e) Voucher and credit transfer recall . Notwithstanding the requirements of any other section in this part, a 

Class II gaming system shall have the capacity to: 

(1) Display the information specified in §547.11(b)(5)(ii) through (vi) for the last five vouchers or coupons 

printed and the last five vouchers or coupons accepted; and 

(2) Display a complete transaction history for the last five cashless transactions made and the last five 

cashless transactions accepted. 

(f) Software signature verification . The manufacturer or developer of the Class II gaming system must 

provide to the testing laboratory and to the tribal gaming regulatory authority an industry-standard 

methodology, acceptable to the tribal gaming regulatory authority, for verifying the Class II gaming system 

game software. By way of illustration, for game software stored on rewritable media, such methodologies 

include signature algorithms and hashing formulas such as SHA–1. 

(g) Test, diagnostic, and demonstration modes . If test, diagnostic, and/or demonstration modes are 

provided, the Class II gaming system shall, for those components actively involved in the test, diagnostic, or 

demonstration mode: 

(1) Clearly indicate when that component is in the test, diagnostic, or demonstration mode; 

(2) Not alter financial data on that component other than temporary data; 
(3) Only be available after entering a specific mode; 

(4) Disable credit acceptance and payment unless credit acceptance or payment is being tested; and 

(5) Terminate all mode-specific functions upon exiting a mode. 

(h) Multi-game . If multiple games are offered for player selection at the player interface, the player interface 

shall: 

(1) Provide a display of available games; 

(2) Provide the means of selecting among them; 

(3) Display the full amount of the player's credit balance; 

(4) Identify the game selected or being played; and 

(5) Not force the play of a game after its selection. 

(i) Program interruption and resumption . The Class II gaming system software shall be designed so that 

upon resumption following any interruption, the system: 

(1) Is able to return to a known state; 

(2) Shall check for any fault condition upon resumption; 

(3) Shall verify the integrity of data stored in critical memory; 

(4) Shall return the purchase or wager amount to the player in accordance with the rules of the game; and 

(5) Shall detect any change or corruption in the Class II gaming system software. 

(j) Class II gaming system components acting as progressive controllers. This paragraph applies to 

progressive controllers and components acting as progressive controllers in Class II gaming systems. 

(1) Modification of progressive parameters shall be conducted in a secure manner approved by the tribal 

gaming regulatory authority. Such parameters may include: 

(i) Increment value; 

(ii) Secondary pool increment(s); 

(iii) Reset amount(s); 

(iv) Maximum value(s); and 

(v) Identity of participating player interfaces. 

(2) The Class II gaming system component or other progressive controller shall provide a means of creating 

a progressive balancing report for each progressive link it controls. At a minimum, that report shall provide 

balancing of the changes of the progressive amount, including progressive prizes won, for all participating 

player interfaces versus current progressive amount(s), plus progressive prizes. In addition, the report shall 

account for, and not be made inaccurate by, unusual events such as: 
(i) Class II gaming system critical memory clears; 

(ii) Modification, alteration, or deletion of progressive prizes; 

(iii) Offline equipment; or 

(iv) Multiple site progressive prizes. 

(k) Critical memory. (1) Critical memory may be located anywhere within the Class II gaming system. Critical 

memory is any memory that maintains any of the following data: 

(i) Accounting data; 

(ii) Current credits; 

(iii) Configuration data; 

(iv) Last game recall information required by §547.8(d); 

(v) Game recall information for the current game, if incomplete; 

(vi) Software state (the last normal state software was in before interruption); 

(vii) RNG seed(s), if necessary for maintaining integrity; 

(viii) Encryption keys, if necessary for maintaining integrity; 

(ix) Progressive prize parameters and current values; 

(x) The five most recent financial instruments accepted by type, excluding coins and tokens; 

(xi) The five most recent financial instruments dispensed by type, excluding coins and tokens; and 

(xii) The five most recent cashless transactions paid and the five most recent cashless transactions 

accepted. 

(2) Critical memory shall be maintained using a methodology that enables errors to be identified and acted 

upon. All accounting and recall functions shall be verified as necessary to ensure their ongoing integrity. 

(3) The validity of affected data stored in critical memory shall be checked after each of the following events: 

(i) Every restart; 

(ii) Each attendant paid win; 

(iii) Each attendant paid progressive win; 

(iv) Each sensored door closure; and 

(v) Every reconfiguration, download, or change of prize schedule or denomination requiring operator 

intervention or action. 
(l) Secured access. Class II gaming systems that use a logon or other means of secured access shall 

include a user account lockout after a predetermined number of consecutive failed attempts to access 

system. 

§ 547.9 What are the minimum technical standards for Class II gaming system accounting 

functions? 

This section provides standards for accounting functions used in Class II gaming systems.

(a) Required accounting data. The following minimum accounting data, however named, shall be maintained 

by the Class II gaming system. 

Title Description 

(1) 

Amount 

In 

The total value of all financial instruments and cashless transactions accepted 

by the Class II gaming system. Each type of financial instrument accepted by 

the Class II gaming system shall be tracked independently per financial 

instrument acceptor, and as required by applicable requirements of any 

Commission and tribal gaming regulatory authority regulations governing 

minimum internal control standards. 

(2) 

Amount 

Out 

The total value of all financial instruments and cashless transactions paid by 

the Class II gaming system, plus the total value of attendant pay. Each type of 

financial instrument paid by the Class II Gaming System shall be tracked 

independently per financial instrument dispenser, and as required by applicable 

requirements of any Commission and tribal gaming regulatory authority 

regulations governing minimum internal control standards. 

(b) Accounting data storage. If the Class II gaming system electronically maintains accounting data: 

(1) Accounting data shall be stored with at least eight decimal digits. 

(2) Credit balances shall have sufficient digits to accommodate the design of the game. 

(3) Accounting data displayed to the player may be incremented or decremented using visual effects, but the 

internal storage of this data shall be immediately updated in full. 

(4) Accounting data shall be updated upon the occurrence of the relevant accounting event. 

(5) Modifications to accounting data shall be recorded, including the identity of the person(s) making the 

modifications, and be reportable by the Class II gaming system. 

(c) Rollover. Accounting data that rolls over to zero shall not corrupt data. 

(d) Credit balance display and function. (1) Any credit balance maintained at the player interface shall be 

prominently displayed at all times except: 

(i) In audit, configuration, recall and test modes; or 

(ii) Temporarily, during entertaining displays of game results. 

(2) Progressive prizes may be added to the player's credit balance provided: 
(i) The player credit balance is maintained in dollars and cents; 

(ii) The progressive accounting data is incremented in number of credits; or 

(iii) The prize in dollars and cents is converted to player credits or transferred to the player's credit balance in 

a manner that does not mislead the player or cause accounting imbalances. 

(3) If the player credit balance displays in credits, but the actual balance includes fractional credits, the Class 

II gaming system shall display the fractional credit when the player credit balance drops below one credit. 

§ 547.10 What are the minimum standards for Class II gaming system critical events? 

This section provides standards for events such as system critical faults, deactivation, door open or other 

changes of states, and lockup within the Class II gaming system.

(a) Fault events. (1) The following events are to be treated as described below: 

Events Definition and action to be taken 

(i) Component 

fault 

Reported when a fault on a component is detected. When possible, 

this event message should indicate what the nature of the fault is. 

(ii) Financial 

storage component 

full 

Reported when a financial instrument acceptor or dispenser includes 

storage, and it becomes full. This event message should indicate 

what financial storage component is full. 

(iii) Financial 

output component 

empty 

Reported when a financial instrument dispenser is empty. The event 

message should indicate which financial output component is 

affected, and whether it is empty. 

(iv) Financial 

component fault 

Reported when an occurrence on a financial component results in a 

known fault state. 

(v) Critical 

memory error 

Some critical memory error has occurred. When a non-correctable 

critical memory error has occurred, the data on the Class II gaming 

system component can no longer be considered reliable. 

Accordingly, any game play on the affected component shall cease 

immediately, and an appropriate message shall be displayed, if 

possible. 

(vi) Progressive 

communication 

fault 

If applicable; when communications with a progressive controller 

component is in a known fault state. 

(vii) Program 

storage medium 

fault 

The software has failed its own internal security check or the 

medium itself has some fault. 

Any game play on the affected component shall cease immediately, 

and an appropriate message shall be displayed, if possible. 

(2) The occurrence of any event identified in paragraph (a)(1) of this section shall be recorded. 
(3) Upon clearing any event identified in paragraph (a)(1) of this section, the Class II gaming system shall: 

(i) Record that the fault condition has been cleared; 

(ii) Ensure the integrity of all related accounting data; and 

(iii) In the case of a malfunction, return a player's purchase or wager according to the rules of the game. 

(b) Door open/close events. (1) In addition to the requirements of paragraph (a)(1) of this section, the Class 

II gaming system shall perform the following for any component affected by any sensored door open event: 

(i) Indicate that the state of a sensored door changes from closed to open or opened to closed; 

(ii) Disable all financial instrument acceptance, unless a test mode is entered; 

(iii) Disable game play on the affected player interface; 

(iv) Disable player inputs on the affected player interface, unless test mode is entered; and 

(v) Disable all financial instrument disbursement, unless a test mode is entered. 

(2) The Class II gaming system may return the component to a ready to play state when all sensored doors 

are closed. 

(c) Non-fault events. (1) The following non-fault events are to be treated as described below, if applicable: 

Event Definition and action to be taken 

(i) Player interface power off 

during play 

This condition is reported by the affected component(s) 

to indicate power has been lost during game play. 

(ii) Player interface power on This condition is reported by the affected component(s) 

to indicate it has been turned on. 

(iii) Financial instrument 

storage component 

container/stacker removed 

This condition is reported when a financial instrument 

storage container has been removed. The event message 

should indicate which storage container was removed. 

§ 547.11 What are the minimum technical standards for money and credit handling? 

This section provides standards for money and credit handling by a Class II gaming system.

(a) Credit acceptance, generally. (1) Upon any credit acceptance, the Class II gaming system shall register 

the correct number of credits on the player's credit balance. 

(2) The Class II gaming system shall reject financial instruments deemed invalid. 

(b) Credit redemption, generally. (1) For cashable credits on a player interface, players shall be allowed to 

cash out and/or redeem those credits at the player interface except when that player interface is: 

(i) Involved in the play of a game; 

(ii) In audit mode, recall mode or any test mode; 
(iii) Detecting any sensored door open condition; 

(iv) Updating the player credit balance or total win accounting data; or 

(v) Displaying a fault condition that would prevent cash-out or credit redemption. In this case a fault 

indication shall be displayed. 

(2) For cashable credits not on a player interface, the player shall be allowed to cash out and/or redeem 

those credits at any time. 

(3) A Class II gaming system shall not automatically pay an award subject to mandatory tax reporting or 

withholding. 

(4) Credit redemption by voucher or coupon shall conform to the following: 

(i) A Class II gaming system may redeem credits by issuing a voucher or coupon when it communicates with 

a voucher system that validates the voucher or coupon. 

(ii) A Class II gaming system that redeems credits by issuing vouchers and coupons shall either: 

(A) Maintain an electronic record of all information required by paragraphs (b)(5)(ii) through (vi) of this 

section; or 

(B) Generate two identical copies of each voucher or coupon issued, one to be provided to the player and 

the other to be retained within the machine for audit purposes. 

(5) Valid vouchers and coupons shall contain the following: 

(i) Gaming operation name and location; 

(ii) The identification number of the Class II gaming system component or the player interface number, as 

applicable; 

(iii) Date and time of issuance; 

(iv) Alpha and numeric dollar amount; 

(v) A sequence number; 

(vi) A validation number that: 

(A) Is produced by a means specifically designed to prevent repetition of validation numbers; and 

(B) Has some form of checkcode or other form of information redundancy to prevent prediction of 

subsequent validation numbers without knowledge of the checkcode algorithm and parameters; 

(vii) For machine-readable vouchers and coupons, a bar code or other form of machine readable 

representation of the validation number, which shall have enough redundancy and error checking to ensure 

that 99.9% of all misreads are flagged as errors; 

(viii) Transaction type or other method of differentiating voucher and coupon types; and 

(ix) Expiration period or date. 
(6) Transfers from an account may not exceed the balance of that account. 

(7) For Class II gaming systems not using dollars and cents accounting and not having odd cents 

accounting, the Class II gaming system shall reject any transfers from voucher payment systems or 

cashless systems that are not even multiples of the Class II gaming system denomination. 

(8) Voucher redemption systems shall include the ability to report redemptions per redemption location or 

user. 

§ 547.12 What are the minimum technical standards for downloading on a Class II gaming 

system? 

This section provides standards for downloading on a Class II gaming system.

(a) Downloads. (1) Downloads are an acceptable means of transporting approved content, including but not 

limited to software, files, data, and prize schedules. 

(2) Downloads of software, games, prize schedules, or other download packages shall be conducted only as 

authorized by the tribal gaming regulatory authority. 

(3) Downloads shall use secure methodologies that will deliver the download data without alteration or 

modification, in accordance with §547.15(a). 

(4) Downloads conducted during operational periods shall be performed in a manner that will not affect 

game play. 

(5) Downloads shall not affect the integrity of accounting data. 

(6) The Class II gaming system or the tribal gaming regulatory authority shall log each download of any 

download package. Each log record shall contain as a minimum: 

(i) The time and date of the initiation of the download; 

(ii) The time and date of the completion of the download; 

(iii) The Class II gaming system components to which software was downloaded; 

(iv) The version(s) of download package and any software downloaded. Logging of the unique software 

signature will satisfy this requirement; 

(v) The outcome of any software verification following the download (success or failure); and 

(vi) The name and identification number, or other unique identifier, of any individual(s) conducting or 

scheduling a download. 

(b) Verifying downloads. Following download of any game software, the Class II gaming system shall verify 

the downloaded software using a software signature verification method that meets the requirements of 

§547.8(f). Using any method it deems appropriate, the tribal gaming regulatory authority shall confirm the 

verification. 

§ 547.13 What are the minimum technical standards for program storage media? 

This section provides minimum standards for removable, (re-)writable, and nonwritable storage media in 

Class II gaming systems.
(a) Removable program storage media. All removable program storage media shall maintain an internal 

checksum or signature of its contents. Verification of this checksum or signature is to be performed after 

every restart. If the verification fails, the affected Class II gaming system component(s) shall lock up and 

enter a fault state. 

(b) Nonrewritable program storage media. (1) All EPROMs and Programmable Logic Devices (PLDs) that 

have erasure windows shall be fitted with covers over their erasure windows. 

(2) All unused areas of EPROMs shall be written with the inverse of the erased state ( e.g. , zero bits (00 

hex) for most EPROMs), random data, or repeats of the program data. 

(3) Flash memory storage components intended to have the same logical function as ROM, i.e. not to be 

dynamically written, shall be write-protected or otherwise protected from unauthorized modification. 

(4) The write cycle shall be closed or finished for all CD–ROMs such that it is not possible to write any 

further data to the CD. 

(5) Write protected hard disks are permitted if the hardware means of enabling the write protect is easily 

viewable and can be sealed in place Write protected hard disks are permitted using software write protection 

verifiable by a testing laboratory. 

(c) Writable and rewritable program storage media. (1) Writable and rewritable program storage, such as 

hard disk drives, Flash memory, writable CD–ROMs, and writable DVDs, may be used provided that the 

software stored thereon may be verified using the mechanism provided pursuant to §547.8(f). 

(2) Program storage shall be structured so there is a verifiable separation of fixed data ( e.g. program, fixed 

parameters, DLLs) and variable data. 

(d) Identification of program storage media. All program storage media that is not rewritable in circuit, ( e.g. 

EPROM, CD–ROM) shall be uniquely identified, displaying: 

(1) Manufacturer; 

(2) Program identifier; 

(3) Program version number(s); and 

(4) Location information, if critical ( e.g. socket position 3 on the printed circuit board). 

§ 547.14 What are the minimum technical standards for electronic random number 

generation? 

This section provides minimum standards for electronic RNGs in Class II gaming systems.

(a) Properties. All RNGs shall produce output having the following properties: 

(1) Statistical randomness; 

(2) Unpredictability; and 

(3) Non-repeatability. 

(b) Statistical Randomness. (1) Numbers produced by an RNG shall be statistically random individually and 

in the permutations and combinations used in the application under the rules of the game. For example, if a 

bingo game with 75 objects with numbers or other designations has a progressive winning pattern of the five 
numbers or other designations on the bottom of the card and the winning of this prize is defined to be the 

five numbers or other designations are matched in the first five objects drawn, the likelihood of each of the 

75C5 combinations are to be verified to be statistically equal. 

(2) Numbers produced by an RNG shall pass the statistical tests for randomness to a 99% confidence level, 

which may include: 

(i) Chi-square test; 

(ii) Equi-distribution (frequency) test; 

(iii) Gap test; 

(iv) Poker test; 

(v) Coupon collector's test; 

(vi) Permutation test; 

(vii) Run test (patterns of occurrences shall not be recurrent); 

(viii) Spectral test; 

(ix) Serial correlation test potency and degree of serial correlation (outcomes shall be independent from the 

previous game); and 

(x) Test on subsequences. 

(c) Unpredictability. (1) It shall not be feasible to predict future outputs of an RNG, even if the algorithm and 

the past sequence of outputs are known. 

(2) Unpredictability shall be ensured by reseeding or by continuously cycling the RNG, and by providing a 

sufficient number of RNG states for the applications supported. 

(3) Re-seeding may be used where the re-seeding input is at least as statistically random as, and 

independent of, the output of the RNG being re-seeded. 

(d) Non-repeatability. The RNG shall not be initialized to reproduce the same output stream that it has 

produced before, nor shall any two instances of an RNG produce the same stream as each other. This 

property shall be ensured by initial seeding that comes from: 

(1) A source of “true” randomness, such as a hardware random noise generator; or 

(2) A combination of timestamps, parameters unique to a Class II gaming system, previous RNG outputs, or 

other, similar method. 

(e) General requirements. (1) Software that calls an RNG to derive game outcome events shall immediately 

use the output returned in accordance with the game rules. 

(2) The use of multiple RNGs is permitted as long as they operate in accordance with this section. 

(3) RNG outputs shall not be arbitrarily discarded or selected. 

(4) Where a sequence of outputs is required, the whole of the sequence in the order generated shall be 

used in accordance with the game rules. 
(5) The Class II gaming system shall neither adjust the RNG process or game outcomes based on the 

history of prizes obtained in previous games nor make any reflexive or secondary decision that affects the 

results shown to the player or game outcome. Nothing in this paragraph shall prohibit the use of entertaining 

displays. 

(f) Scaling algorithms and scaled numbers. An RNG that provides output scaled to given ranges shall: 

(1) Be independent and uniform over the range; 

(2) Provide numbers scaled to the ranges required by game rules, and notwithstanding the requirements of 

paragraph (e)(3) of this section, may discard numbers that do not map uniformly onto the required range but 

shall use the first number in sequence that does map correctly to the range; 

(3) Be capable of producing every possible outcome of a game according to its rules; and 

(4) Use an unbiased algorithm. A scaling algorithm is considered to be unbiased if the measured bias is no 

greater than 1 in 100 million. 

§ 547.15 What are the minimum technical standards for electronic data communications 

between system components? 

This section provides minimum standards for electronic data communications with gaming equipment or 

components used with Class II gaming systems.

(a) Sensitive data. Communication of sensitive data shall be secure from eavesdropping, access, tampering, 

intrusion or alteration unauthorized by the tribal gaming regulatory authority. Sensitive data shall include, but 

not be limited to: 

(1) RNG seeds and outcomes; 

(2) Encryption keys, where the implementation chosen requires transmission of keys; 

(3) PINs; 

(4) Passwords; 

(5) Financial instrument transactions; 

(6) Transfers of funds; 

(7) Player tracking information; 

(8) Download Packages; and 

(9) Any information that affects game outcome. 

(b) Wireless communications. (1) Wireless access points shall not be accessible to the general public. 

(2) Open or unsecured wireless communications are prohibited. 

(3) Wireless communications shall be secured using a methodology that makes eavesdropping, access, 

tampering, intrusion or alteration impractical. By way of illustration, such methodologies include encryption, 

frequency hopping, and code division multiplex access (as in cell phone technology). 
(c) Methodologies shall be used that will ensure the reliable transfer of data and provide a reasonable ability 

to detect and act upon any corruption of the data. 

(d) Class II gaming systems shall record detectable, unauthorized access or intrusion attempts. 

(e) Remote communications shall only be allowed if authorized by the tribal gaming regulatory authority. 

Class II gaming systems shall have the ability to enable or disable remote access, and the default state shall 

be set to disabled. 

(f) Failure of data communications shall not affect the integrity of critical memory. 

(g) The Class II gaming system shall log the establishment, loss, and re-establishment of data 

communications between sensitive Class II gaming system components. 

§ 547.16 What are the minimum standards for game artwork, glass, and rules? 

This section provides standards for the display of game artwork, the displays on belly or top glass, and the 

display and disclosure of game rules, whether in physical or electronic form.

(a) Rules, instructions, and prize schedules, generally. The following shall at all times be displayed or made 

readily available to the player upon request: 

(1) Game name, rules, and options such as the purchase or wager amount stated clearly and 

unambiguously; 

(2) Denomination; 

(3) Instructions for play on, and use of, the player interface, including the functions of all buttons; and 

(4) A prize schedule or other explanation, sufficient to allow a player to determine the correctness of all 

prizes awarded, including; 

(i) The range and values obtainable for any variable prize; 

(ii) Whether the value of a prize depends on the purchase or wager amount; and 

(iii) The means of division of any pari-mutuel prizes; but 

(iv) For bingo and games similar to bingo, the prize schedule or other explanation need not state that 

subsets of winning patterns are not awarded as additional prizes ( e.g. five in a row does not also pay three 

in a row or four in a row), unless there are exceptions, which shall be clearly stated. 

(b) Disclaimers. The Class II gaming system shall continually display: 

(1) “Malfunctions void all prizes and plays” or equivalent; and 

(2) “Actual Prizes Determined by Bingo [or other applicable Class II game] Play. Other Displays for 

Entertainment Only.” or equivalent. 

§ 547.17 How does a tribal gaming regulatory authority apply for a variance from these 

standards? 

(a) Tribal Gaming Regulatory Authority approval. (1) A tribal gaming regulatory authority may approve a 

variance from the requirements of this part if it has determined that the variance will achieve a level of 

security and integrity sufficient to accomplish the purpose of the standard it is to replace.
(2) For each enumerated standard for which the tribal gaming regulatory authority approves a variance, it 

shall submit to the Chairman within 30 days, a detailed report, which shall include the following: 

(i) An explanation of how the variance achieves a level of security and integrity sufficient to accomplish the 

purpose of the standard it is to replace; and 

(ii) The variance as granted and the record on which it is based. 

(3) In the event that the tribal gaming regulatory authority or the tribe's government chooses to submit a 

variance request directly to the Chairman for joint government to government review, the tribal gaming 

regulatory authority or tribal government may do so without the approval requirement set forth in paragraph 

(a) (1) of this section. 

(b) Chairman Review. (1) The Chairman may approve or object to a variance granted by a tribal gaming 

regulatory authority. 

(2) Any objection by the Chairman shall be in written form with an explanation why the variance as approved 

by the tribal gaming regulatory authority does not provide a level of security or integrity sufficient to 

accomplish the purpose of the standard it is to replace. 

(3) If the Chairman fails to approve or object in writing within 60 days after the date of receipt of a complete 

submission, the variance shall be considered approved by the Chairman. The Chairman and the tribal 

gaming regulatory authority may, by agreement, extend this deadline an additional 60 days. 

(4) No variance may be implemented until approved by the tribal gaming regulatory authority pursuant to 

paragraph (a)(1) of this section or the Chairman has approved pursuant to paragraph (b)(1) of this section. 

(c) Commission Review. Should the tribal gaming regulatory authority elect to maintain its approval after 

written objection by the Chairman, the tribal gaming regulatory authority shall be entitled to an appeal to the 

full Commission in accordance with the following process: 

(1) Within 60 days of receiving an objection, the tribal gaming regulatory authority shall file a written notice of 

appeal with the Commission that may include a request for an oral hearing or it may request that the matter 

be decided upon written submissions. 

(2) Within 10 days after filing a notice of appeal the tribal gaming regulatory authority shall file a 

supplemental statement specifying the reasons why the tribal gaming regulatory authority believes the 

Chairman's objection should be reviewed, and shall include supporting documentation, if any. 

(3) Failure to file an appeal or submit the supplemental statement within the time provided by this section 

shall result in a waiver of the opportunity for an appeal. 

(4) If an oral hearing is requested it shall take place within 30 days of the notice of appeal and a record shall 

be made. 

(5) If the tribal gaming regulatory authority requests that the appeal be decided on the basis of written 

submission, the Commission shall issue a written decision within 30 days of receiving the supplemental 

statement. 

(6) The Commission shall uphold the objection of the Chairman, only if, upon de novo review of the record 

upon which the Chairman's decision is based, the Commission determines that the variance approved by 

the tribal gaming regulatory authority does not achieve a level of security and integrity sufficient to 

accomplish the purpose of the standard it is to replace. 

(7) The Commission shall issue a decision within 30 days of the oral hearing unless the tribal gaming 

regulatory authority elects to provide the Commission additional time, not to exceed an additional 30 days, to 
issue a decision. In the absence of a decision by the Commission within the time provided, the decision of 

the tribal gaming regulatory authority shall be deemed affirmed. 

(8) The Commission's decision shall constitute final agency action.