(b) In considering whether a new gaming device or operation of a new intercasino-linked system will be given final approval, the commission shall consider whether:

1. (1) Approval of the new gaming device or operation of a new intercasino-linked system is consistent with the public policy of this state;

2. (2) The terms of any agreement or written specifications permitted or required of an operator by any other state or tribal government and affecting a multijurisdictional progressive prize system:

   1. (A) Comply with the provisions of this part; and
   2. (B) Include procedures satisfactory to the commission for:

(i) Ensuring compliance with the requirements of this part;

1. (ii) Resolution of patron disputes under procedural and substantive requirements equal to or greater than the standards applied by the commission;

   1. (iii) Surveillance and security of gaming devices connected to such system;

      1. (iv) Record-keeping and record-retention;
      2. (v) Control of access to any internal mechanism of gaming devices connected to such system meters;
      3. (vi) Prior administrative approval of the commission for any adjustments to progressive;
      4. (vii) Access by the commission to audit compliance with the requirements of subdivision (b)(2)(B) of this section; and
      5. (viii) Any special procedures necessary for a multijurisdictional progressive prize system with lawfully operated gaming locations participating outside the United States, including without limitation matters of currency conversion and the availability of English translations of all relevant and material documentation and information; and

2. (3) For an intercasino-linked system of games of skill or hybrid games:

   1. (A) The types of games that will be connected to such a system are compatible;
   2. (B) The communications technology used to connect participating gaming devices is adequate for the operating environment for such a system; and

   3. (C)

      1. (i) The progressive payoff schedules used for such systems are accurately described for players and comply with this part.
      2. (ii) Notwithstanding the provisions of this part, such schedules may broaden and encourage participation in games with skill attributes, by providing, without limitation, for partial prize awards, and prize awards for games with different themes or based on the use of identifiers.
      3. (c)
3. (1) Commission approval of a gaming device or intercasino-linked system does not constitute certification of the devices or intercasino-linked system’s safety.
4. (2) Commission approval of a multijurisdictional progressive prize system shall include approval of any agreement or written specifications permitted or required by any other state or tribal government and affecting such system.
5. (3) The commission will complete any written acknowledgement necessary to document the commission’s approval of any such agreement or written specifications.

6. (4) The prior administrative approval of the commission is required of any modification to such agreement or written specifications.

   1. (d) A manufacturer or distributor who becomes aware that a gaming device or associated equipment approved by the commission or the commission no longer complies with the rules of the commission or the technical standards adopted pursuant to this part shall notify the commission in writing within three (3) business days.