Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 144.00 - Approval of slot machines and electronic gaming equipment and testing laboratories › Section 144.06 - Independent Testing Laboratory Certification and Auditing

Current through Register 1525, July 5, 2024
(1)
Certification
			 Process
. In order to provide testing services of electronic gaming
			 devices in Massachusetts, a person must be certified as an independent testing
			 laboratory in accordance with 205 CMR 144.06. The certification process will
			 take place as follows:
(a) The commission may
			 issue yearly a request for applications from applicants interested in being
			 certified as independent testing laboratories.
(b) Upon receipt of an application in the
			 form prescribed in 205 CMR 144.06(5) the gaming technology laboratory and the
			 bureau shall conduct any investigation they deem reasonable, including any
			 visit, review or inspection of each independent testing laboratory seeking
			 certification to evaluate the laboratory's qualifications and capabilities
			 pursuant to 205 CMR 144.06(3).
(c)
			 The applicant is required to submit a $5,000 application fee with its
			 application for certification. If the Commission's costs associated with the
			 investigation, including site visits, inspections, and background
			 investigations, of the applicant during the certification evaluation period, in
			 accordance with the fee schedule posted by the Commission to its website,
			 exceed the application fee, the applicant shall pay the additional amount
			 within 30 days after notification of insufficient fees or the application shall
			 be rejected.
(d) Upon the
			 conclusion of evaluation and upon full payment of any costs associated with the
			 certification process, the gaming technology laboratory, with the input of the
			 bureau, shall issue a written report to the commission and to the applicant.
			 The commission shall determine whether to initiate a process for a public
			 hearing or adjudicatory proceeding. However, the commission may only utilize
			 the public hearing process with the applicant's consent.
(e) If the commission determines that an
			 adjudicatory proceeding will be held, the commission shall conduct an
			 adjudicatory proceeding in accordance with
			 205 CMR 101.00:
M.G.L. c. 23K Adjudicatory Hearings.
(f) If the commission determines that a
			 public hearing should be held, the commission shall review the gaming
			 technology laboratory's report and make a final decision granting or denying
			 the certification at a public hearing. The commission will issue a notice in
			 advance of the public hearing stating the date, time and place of the
			 hearing.
(g) Certification as an
			 independent testing lab shall be valid for one year and shall automatically
			 renew annually thereafter upon payment of a renewal and audit fee of $2,000.
			 The commission may audit the compliance of the certified independent testing
			 laboratory with commission requirements annually or more often if needed. The
			 commission may revoke the registration of a certified independent testing
			 laboratory if the testing laboratory no longer meets the requirements of M.G.L.
			 c. 23K and 205 CMR.
(h) The
			 commission shall maintain a list of certified independent testing laboratories
			 along with the categories of electronic gaming device that each independent
			 testing laboratory may test.