E. All of the following must be tested before licensure or approval for use:

1. (1) a gaming machine;
2. (2) other devices or equipment as the board deems necessary to ensure compliance with the act and this rule; and
3. (3) any modification to the gaming machines and equipment described in this section.

F. The board has the authority to take, authorize, or require any of the following actions with respect to testing a gaming machine or modification to an existing gaming machine:

1. (1) employ the services of an outside independent gaming test laboratory to conduct the testing;
2. (2) bill a licensee who requests licensure or approval of a gaming machine or equipment through any billing mechanism the board deems appropriate for all costs of testing;
3. (3) if not already in the laboratory’s possession, require transportation of one (1) working model of a new gaming machine to an independent gaming laboratory designated by the board or to some other location for review and inspection; with each gaming machine submitted for approval, the applicant must submit two (2) copies of prints, schematics, block diagrams, circuit analyses, technical and operation manuals, program source codes, and any other information requested by the board; the gaming laboratory may disassemble the model and may destroy electronic components to fully evaluate the gaming machine;
4. (4) require that the applicant provide specialized equipment or the services of an independent technical expert to evaluate the gaming machine;
5. (5) require the manufacturer seeking approval of the gaming machine to pay all costs of transportation, review, inspection and testing; [and]
6. (6) if requested by the board, require transportation of one (1) working model of a new gaming machine, and any associated equipment to the board for communications testing.

G. Any applicant whose application is denied by the board under this rule may request a hearing before the board to appeal the denial.

[11/30/98; 15.1.7.8 NMAC - Rn, 15 NMAC 1.7.8, 3/31/00; A, 5/15/07; A, 10/15/15]