(a)

1. (1) Modifications to gaming devices may only be made by licensed manufacturers who have received prior written approval of the Arkansas Racing Commission.
2. (2) Intercasino-linked system modifications may only be made by operators of such systems who have received prior written approval of the commission.
3. (3) The commission, in the commission’s sole and absolute discretion, may refer an intercasino-linked system modification to the full commission for consideration of approval.
4. (4) In an emergency when a modification is necessary to prevent cheating or malfunction, the commission may, in the commission’s sole and absolute discretion, orally approve a modification to be made by a manufacturer or operator.
5. (5) Within fifteen (15) days of the emergency modification, the manufacturer or operator making such modification shall submit a written request for approval of the modification that shall contain the information required by subsection (c) of this section and such other information as required by the commission.

(b)

1. (1) A manufacturer shall not modify a gaming device unless the device, as modified, meets the standards in this part.
2. (2) An operator shall not modify an intercasino-linked system unless the system, as modified, meets the standards in this part.
3. (3) The commission may, in the commission’s sole and absolute discretion, waive all or some of the standards in this part, if the modification is necessary to prevent cheating or malfunction.

4. (4)

   1. (A) A waiver shall be effective when the manufacturer or operator receives a written notification from the commission that all or some of the standards will be waived pursuant to this subsection.
   2. (B) A waiver of all or some of the standards pursuant to this subsection is not an approval of the modification.

(c)

1. (1) Applications for approval to modify a gaming device or an intercasino-linked system shall be made by a manufacturer and processed in such manner and using such forms as the commission may prescribe.

2. (2) Each application shall include, in addition to such other items or information as the commission may require:

   1. (A) A complete, comprehensive, and technically accurate description and explanation of the modification in both technical and lay language signed under penalty of perjury;
   2. (B) Unless the standards of this part have been waived pursuant to subsection (b) of this section, a statement under penalty of perjury that to the best of the manufacturer’s knowledge, the gaming device, as modified, meets the standards of this part or, in the case of an intercasino-linked system, a statement under penalty of perjury that to the best of the operator’s knowledge the intercasino-linked system, as modified, meets the standards of this part;
   3. (C) In the case of a gaming device:

(i) A copy of all executable software, including data and graphic information, and a copy of all source code for programs that cannot be reasonably demonstrated to have any use other than in a gaming device, submitted on electronically readable, unalterable media;

1. (ii) A copy of all graphical images displayed on the gaming device including, but not limited to, reel strips, rules, instructions, and paytables;

   1. (D) In the case of a modification to the control program of a gaming device that includes software, source language, or executable code designed or developed by an independent contractor:

      1. (i) The name of the independent contractor; and
      2. (ii) A general subject matter description of such software, source language, or executable code compiled into the control program as part of the submission to the commission;

   2. (E) In the case of an intercasino-linked system:

      1. (i) An operator’s manual;
      2. (ii) An internal control system;
      3. (iii) A hold harmless agreement;
      4. (iv) A graphical representation of the system theme and all related signage; and
      5. (v) Information sufficient to calculate a theoretical payoff schedule amount.
   3. (F) All materials relating to the results of the registered independent testing laboratory’s inspection and certification process that are required under this part.