S.D. Admin. R. 20:18:18:04
The executive secretary must make a preliminary, nonbinding determination whether a machine meets the requirements of this article and SDCL 42-7B. If the executive secretary makes a preliminary determination that a new slot machine has met the requirements, the executive secretary may require that one or more models of the slot machine be tested at a licensed establishment for not less than 60 nor more than 180 days under terms and conditions that the executive secretary may require.
An applicant may not modify a slot machine during the test period without the approval of the executive secretary. The executive secretary may order termination of the test period if the executive secretary determines that the applicant or licensed establishment has not complied with the order requiring a test period or if the new slot machine fails to meet requirements.
If the test period is terminated because the licensee fails to comply with the order requiring a test period, the executive secretary may order that the test be conducted at another licensed establishment.
An applicant may object to the termination of the test period by filing a written objection with the commission. The filing of an objection shall not stay the order terminating the test. If the commission fails to order resumption of the test within 60 days after the written objection, the objection is denied. If the commission sustains the objection, the testing may be resumed under terms required by the commission.
A licensee or manufacturer may not use a shill to play a new slot machine during a test period.
If the executive secretary determines that a new slot machine is not eligible for testing at a licensed establishment, the executive secretary must notify the applicant in writing. The applicant may object to the determination by filing a written objection with the commission within 10 days. If the commission fails to order a test period within 60 days after the written objection, the objection is denied. If the commission sustains the objection, the new slot machine may be tested at a licensed establishment under terms required by the commission.
S.D. Admin. R. 20:18:18:04
General Authority: SDCL 42-7B-7.
Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-5, 42-7B-7, 42-7B-14, 42-7B-17, 42-7B-43.