(b)

1. (1) In the interests of expediting innovative, alternative, and advanced technology in the modification of gaming devices and intercasino-linked systems approved for use or play in Arkansas, a manufacturer may request a modification to its gaming device or intercasino-linked system be considered for evaluation under New Innovation Beta as an alternative to the field testing process set forth in this part.
2. (2) For purposes of this section only, the term “New Innovation Beta” means a process of evaluating a modification to a 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 New Innovation Beta will be set forth by the commission, and may include the requirement that a licensee notify patrons that the modification to an approved gaming device or intercasino-linked system is part of such a field evaluation and is being exposed for play prior to finalization of the product in order to allow the evaluation of the modification to the gaming device or intercasino-linked system at an earlier stage of the regulatory approval process.
4. (4) The decision whether to permit a modification to an approved 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 modification to an approved gaming device or intercasino-linked system utilizing New Innovation Beta, the commission will consider factors including, without limitation, the:

   1. (A) Ability of the gaming device to accurately determine, evaluate, and display the game outcome;
   2. (B) Ability of the gaming device to accurately process the acceptance and award of all payments; and
   3. (C) 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 modification to an approved 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 modifications of 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.

(e)

1. (1) A licensee or manufacturer, or their agent shall not play a modified 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 modified intercasino-linked system during a test period.