(a) All gaming devices must:

1. (1) Theoretically pay out a mathematically demonstrable percentage of all amounts wagered over the life of the game, which must not be less than eighty-three percent (83%) for each wager available for play on the device;

2. (2) Determine game outcome solely by the application of:

   1. (A) Chance;
   2. (B) The skill of the player; or
   3. (C) A combination of the skill of the player and chance;

3. (3) Display in an accurate and non-misleading manner:

   1. (A) The rules of play;
   2. (B) The amount required to wager on the game or series of games in a gaming session;
   3. (C) The amount to be paid on winning wagers;
   4. (D) Any rake-off percentage or any fee charged to play the game or series of games in a gaming session;
   5. (E) Any monetary wagering limits for games representative of live gambling games;
   6. (F) The total amount wagered by the player;
   7. (G) The game outcome; and
   8. (H) Such additional information sufficient for the player to reasonably understand the game outcome; and
4. (4) Satisfy the technical standards adopted pursuant to this part.

(b)

1. (1) Once a game is initiated by a player on a gaming device, the rules of play for that game, including the probability and award of a game outcome, cannot be changed.
2. (2) In the event the game or rules of play for the game, including probability and award of a game outcome, change between games during a gaming session, notice of the change must be prominently displayed to the player.

(c) Gaming devices connected to a common payoff schedule shall:

1. (1) All be of the same denomination and have equivalent odds of winning the common payoff schedule/common award based as applicable on either or both of the combined influences of the attributes of chance and skill; or

2. (2)

   1. (A) If of different denominations, equalize the expected value of winning the payoff schedule/common award on the various denominations by setting the odds of winning the payoff schedule in proportion to the amount wagered based as applicable on either or both the combined influence of the attributes of chance and skill, or by requiring the same wager to win the payoff schedule/award regardless of the device’s denomination.
   2. (B) The method of equalizing the expected value of winning the payoff schedule/award shall be conspicuously displayed on each device connected to the common payoff schedule/common award.
   3. (C) For the purposes of this requirement, equivalent is defined as within a five-percent tolerance for expected value and no more than a one-percent tolerance on return to player or payback.

(i) For gaming devices manufactured and distributed before September 28, 1989, the Arkansas Racing Commission may waive the requirements of this part for a licensee exposing a gaming device to the public for play, if the licensee can demonstrate to the commission’s satisfaction that:

1. (1) After the waiver, the aggregate theoretical payout for all amounts wagered on all gaming devices exposed for play by the licensee at a single establishment meets the eighty-three percent (83%) standard of subdivision (a)(1) of this section; and
2. (2) The licensee is unable to bring the device into compliance with the requirements of subdivision (a)(1) of this section because of excessive cost or the unavailability of parts.

(j)

1. (1) The commission may waive for good cause shown the requirements of a technical standard for a game.
2. (2) The commission has full and absolute authority to condition or limit a waiver granted under this section for any cause deemed reasonable.