205 Mass. Reg. 244.04

Current through Register 1523, June 7, 2024
Section 244.04 - Required Testing by Independent Testing Laboratories
(1) Any testing by the independent testing laboratory for the purposes of certifying Sports Wagering Equipment shall be conducted in compliance with M.G.L. c. 23N and 205 CMR 243.00 and 244.00.
(2) The independent testing laboratory shall issue a report of the testing results to the Sports Wagering Operator or Sports Wagering Vendor and to the Commission. Such report shall contain:
(a) the part and version numbers of the Sports Wagering Equipment tested;
(b) attachments containing documents sufficient to describe the functionality and operation of all material components of the Sports Wagering Equipment;
(c) a statement as to whether each of the components within the Sports Wagering Equipment, each interaction between components, and the equipment as a whole is compliant with M.G.L. c. 23N and 205 CMR 243.00;
(d) the date the Sports Wagering Equipment was submitted for testing;
(e) the start and end dates of the Sports Wagering Equipment testing;
(f) the location of the facility used to perform the testing; and
(g) a statement, signed under penalty of perjury, that all information provided in the report is accurate and complete.
(3) The independent testing laboratory's report shall not contain any information in its body that, if publicly released, may harm the integrity of the Sports Wagering Equipment, but such information may be disclosed in an attachment to the independent testing laboratory's report.
(4) The independent testing laboratory may communicate with the Sports Wagering Operator or Sports Wagering Vendor to request additional documentation or to discuss potentially non-compliant components. The independent testing laboratory shall log any communication between itself and the Operator or vendor and, upon the Commission's request, provide copies of any or all documents transmitted to or from the Operator or vendor for a minimum of the past seven years following issuance of the independent testing laboratory's report.
(5) The independent testing laboratory may rely on testing conducted and data collected from testing conducted for another jurisdiction, whether by the independent testing laboratory or by another entity, if the testing was performed by an independent party with no apparent interest in the result. An independent testing laboratory relying on such external testing or data shall clearly identify in its report all such reliance and independently verify the validity of such data or testing by making a finding that the methods described in the earlier test are reliable and there is no indication that the data is incorrect.
(6) An independent testing laboratory may rely on any data or results of testing conducted by a Commission-certified independent testing laboratory when such testing was conducted for purposes of permitting Sports Wagering Equipment in the Commonwealth. Any reliance pursuant to 205 CMR 244.04(5) or (6) shall be clearly identified in the report.

205 CMR 244.04

Adopted by Mass Register Issue 1485, eff. 12/9/2022 (EMERGENCY).
Amended by Mass Register Issue 1489, eff. 12/9/2022 (COMPLIANCE).