A. The board may revoke the license or approval of a gaming machine if the board determines, in its discretion, that the gaming machine:

1. (1) does not perform in the manner described in the application;
2. (2) is defective or malfunctions frequently;
3. (3) has a detrimental impact on the conduct of the gaming operation; or
4. (4) adversely affects the computation of taxes due, but not limited to, inaccurate computation, defects, or malfunctions.

D. A gaming operator licensee or applicant shall cease using, on the date established by the board, the gaming machine for which the license or approval has been revoked. The licensee shall notify the board, in writing, if the licensee believes it cannot cease use of the gaming machine by the established date and shall request an extension of time. The board shall advise the gaming operator licensee or applicant, in writing, whether the requested extension is approved or denied.

[11/30/98; 15.1.7.28 NMAC - Rn, 15 NMAC 1.7.28, 3/31/00; A, 5/15/07; 15.1.7.28 NMAC - Rn, 15.1.7.27 NMAC, 12/15/10]