(a)

1. (1) Unless otherwise waived pursuant to subsection (b) of this section, a manufacturer or distributor of associated equipment shall not distribute associated equipment unless it has been approved by the Arkansas Racing Commission.
2. (2) Applications for approval of associated equipment shall be made and processed in such manner and using such forms as the commission may prescribe.

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

   1. (A)

(i) The name, permanent address, Social Security number, and driver’s license number of the manufacturer or distributor of associated equipment unless the manufacturer or distributor is currently licensed by the commission.

1. (ii) If the manufacturer or distributor of associated equipment is a corporation, the names, permanent addresses, Social Security numbers, and driver’s license numbers of the directors and officers must be included.

   1. (iii) If the manufacturer or distributor of associated equipment is a partnership, the names, permanent addresses, Social Security numbers, and driver’s license numbers of the partners and their partnership interest must be included.

      1. (iv) If Social Security numbers or driver’s license numbers are not available, the manufacturer’s or distributor’s birth date may be substituted;
   2. (B) A complete, comprehensive, and technically accurate description and explanation in both technical and lay language of the associated equipment or a modification to previously approved associated equipment and its intended usage, signed under penalty of perjury;
   3. (C) Detailed operating procedures for the associated equipment;
   4. (D) The standards under which such tests were performed, including Technical Standards 2 and 3 if applicable, and the results of such testing that confirms the associated equipment is functioning as represented, signed under penalty of perjury; and
   5. (E) All materials relating to the results of the registered independent testing laboratory’s inspection and certification process that are required under this part.

(b) Except as provided in subsection (c) of this section, upon written request from the manufacturer or distributor of associated equipment, or as the commission otherwise deems reasonable, the commission may, in the commission’s sole and absolute discretion, waive the approval requirement for associated equipment upon such terms and conditions that the commission may approve or require or refer the associated equipment to the full commission for consideration of approval.

1. (c) Except as otherwise provided in subsection (d) of this section, the commission shall not grant an approval pursuant to this part or waive such approval requirement pursuant to this part with respect to any associated equipment that, when installed, will allow a patron to use a debit instrument for purposes of making electronic funds transfers from an independent financial institution to a game or gaming device through a cashless wagering system until such time as the appropriate rules for such transfers are adopted.

   1. (d) The commission may grant approvals pursuant to subsection (a) of this section or waive such approval requirements pursuant to subsection (b) of this section with respect to the use of a prepaid access instrument in conjunction with an approved cashless wagering system.