296 Neb. Admin. Code, ch. 5, § 296-5.001

Current through September 17, 2024

Section 296-5.001 - APPROVAL OF GAMING EQUIPMENT

5.001.01 The Commission will establish a procedure for the approval of gaming equipment associated with Gambling Games authorized for play at licensed Gaming Facilities. Requests for approval of authorized gaming equipment may be submitted to the Commission by Authorized Gaming Operator or Gaming-Related Vendor Licensees according to procedures established by the Commission.

5.001.02 The Commission will adopt technical standards governing the requirements for all electrical and mechanical gaming equipment used in conjunction with the conduct or monitoring of gaming activity.

5.001.03 Authorized Gaming Operators and Gaming -Related Vendors shall not install, maintain, use, or operate any of the following electronic gaming equipment unless such equipment has been tested against and determined to meet the technical standards in the Minimum Internal Control Standards and has been approved by the Executive Director for use in Nebraska Gaming Facilities:

5.001.03A Gaming devices or any component parts material to electronic gaming devices or associated equipment, including random number generators, all game media, and progressive controllers;

5.001.03B Mechanical or electromechanical devices used with live table games or electronic table games, including items using radio frequency identification technology, shuffling devices, and progressive controllers;

5.001.03C System-to-system, game-to-system, or intra-device communication software, or any equivalent thereof, used in the conduct or monitoring of gaming activity, including monitoring and control systems, cashless systems, bonusing systems, and player tracking systems, except for systems used solely for marketing purposes;

5.001.03D Electromechanical devices used to account for gaming assets, including kiosks capable of distributing or collecting wagering instruments or conducting patron account transactions and voucher validation equipment; and

5.001.03E Any other device, software, hardware, or other technology that the Executive Director determines may affect the integrity of gaming in this state.

5.001.04 To be eligible for consideration by the Executive Director for approval, a Gaming-Related Vendor of any device, software, hardware, or other technology must submit the device, software, hardware or other technology for scientific testing and technical evaluation by an independent testing laboratory certified by the Commission to determine compliance with the Act and these rules, including the technical standards adopted by the Commission.

5.001.05 A Gaming-Related Vendor seeking Commission approval of any device, software, hardware, or other technology must comply with the following:

5.001.05A Submit a written request to a certified independent testing laboratory that, at a minimum, specifically references the scientific testing and technical evaluation necessary under the Act, these rules and the Commission's technical standards, and which identifies the particular device, software, hardware, or other technology at issue;

5.001.05B Submit all necessary items and information to the certified independent testing laboratory;

5.001.05C Pay all costs associated with the scientific testing and technical evaluation performed by the certified independent testing laboratory;

5.001.05D Engage no more than one certified independent testing laboratory to perform scientific testing and technical evaluation of any particular device, version of software, hardware or other technology for certification to be used in this state without prior written authorization from the Commission; and

5.001.05E Submit any items or information pertaining to the device, software, hardware, or other technology to the Commission, if requested.

5.001.06 No device, software, hardware, or other technology will be approved unless the certified independent testing laboratory concludes that the item at issue complies with the Act, these rules, and the Commission's technical standards.

5.001.07 Authorized Gaming Operators will notify the Executive Director in writing and receive written approval in accordance with its Commission-approved Internal Control Standards before installing, moving, or disposing of gaming equipment that has been approved.

5.001.08 Any modification to gaming equipment may be authorized by the Executive Director on an emergency basis to prevent cheating or malfunction. The emergency request will be documented by the Authorized Gaming Operator in accordance with the Commission-approved Internal Control Standards and submitted to the Commission in writing within 2 business days.

5.001.09 Each Authorized Gaming Operator will notify the Commission's gaming agent on duty of any known or suspected defect or malfunction in any gaming equipment installed in the Gaming Facility at the time of detection. The Authorized Gaming Operator will comply with any instructions from the Commission staff for the use of the gaming equipment.

5.001.10 Transportation of all gaming equipment must comply with the Authorized Gaming Operator's Commission-approved Internal Control Standards.

296 Neb. Admin. Code, ch. 5, § 296-5.001

Adopted effective 5/16/2022

Amended effective 2/1/2023