(a)

1. (1) The Arkansas Racing Commission, in accordance with this part, may allow or require that one (1) or more models of a new gaming device or intercasino-linked system be tested at a licensed gaming establishment or establishments for not more than one hundred eighty (180) days under terms and conditions that the commission may approve or require.
2. (2) Upon written request of the manufacturer, distributor, or operator, the commission may, by written agreement, allow the test period to be continued an additional ninety (90) days beyond the one hundred eighty-day maximum field test period, for the purpose of allowing the application for approval of the new gaming device or application to operate a new intercasino-linked system to be acted upon by the commission.
3. (3) The commission shall report all field tests on the agenda of the next regularly scheduled meeting of the commission.

(b)

1. (1) In the interests of expediting the introduction of innovative, alternative, and advanced technology for gaming devices and intercasino-linked systems for use or play in Arkansas, a manufacturer may request its new gaming device or intercasino-linked system be considered for evaluation under New Innovation Beta as an alternative to the field testing process set forth under subsection (a) of this section.
2. (2) For purposes of this section only, the term “New Innovation Beta” means a process of evaluating a new gaming device or intercasino-linked system utilizing a field testing period under conditions and limitations described in this subsection.
3. (3) The terms and conditions imposed under the New Innovation Beta will be set forth by the commission, and may include the requirement that a licensee notify patrons that the new gaming device is part of such a field test and is being exposed for play prior to finalization of the product in order to allow the evaluation of the gaming device or intercasino-linked system at an earlier stage of the regulatory approval process.
4. (4) The decision whether to permit a new gaming device or intercasino-linked system to be evaluated utilizing New Innovation Beta is at the sole and absolute discretion of the commission.
5. (5) When considering the request to evaluate a new gaming device or intercasino-linked system utilizing New Innovation Beta, the commission will consider factors including, without limitation, the ability of the gaming device to accurately determine, evaluate, and display the game outcome, the ability of the gaming device to accurately process the acceptance and award of all payments, and the extent to which an intercasino-linked system complies with the requirements of this part.
6. (6) The commission may also consider the approval status of the gaming device or intercasino-linked system in another state or foreign jurisdiction in which gaming is legal and regulated by a government agency with standards for gaming devices and intercasino-linked systems materially the same as those in Arkansas, the determination of which is within the sole discretion of the commission.

(d)

1. (1) The commission may order termination of the test period, if the commission determines, in the commission’s sole and absolute discretion, that the manufacturer, operator, or licensed gaming establishment has not complied with the terms and conditions of the order allowing or requiring a test period or for any cause deemed reasonable.
2. (2) If the test period is terminated due to the licensed gaming establishment’s failure to comply with the terms and conditions of the order allowing or requiring a test period, the commission may order that the test be conducted at another licensed gaming establishment.

3. (3)

   1. (A) A manufacturer or operator may object to the termination of the test period by filing a written objection with the commission.
   2. (B) The filing of an objection shall not stay the order terminating the test.
   3. (C) If the commission fails to order resumption of the test within sixty (60) days of the written objection, the objection will be deemed denied.
   4. (D) If the commission sustains the objection, the testing may be resumed under terms that may be approved or required by the commission.

(e)

1. (1) A licensee or manufacturer, or their agent shall not play a new gaming device during a test period.
2. (2) A licensee or operator, or their agent, shall not play a gaming device or game connected to a new intercasino-linked system during a test period.

(f)

1. (1) If the commission has made a determination that a new gaming device or new intercasino-linked system is not eligible for testing at a licensed gaming establishment, the commission shall notify the manufacturer or operator in writing.
2. (2) Not later than ten (10) days after receipt of such notification, the manufacturer, or operator may object to such a determination by filing written objection with the commission.
3. (3) If the commission fails to order a test period within sixty (60) days of the written objection, the objection will be deemed denied.
4. (4) If the commission sustains the objection, the new gaming device or new intercasino-linked system may be tested at a licensed gaming establishment under terms and conditions that may be approved or required by the commission.