(a) All original books and records pertaining to the video lottery gaming agent’s operations shall be:

1. (1) prepared and maintained in a complete, accurate and legible form;
2. (2) retained on the site of the video lottery gaming facility or at another secure location approved in accordance with subdivision (d) of this section;
3. (3) retained for the time period specified in subdivision (c) of this section;
4. (4) held available for inspection by the commission and the commission’s designee during normal business hours;
5. (5) organized and indexed in such a manner so as to provide immediate accessibility to the commission.

(b) All original books, records and documents shall be retained by any video lottery gaming agent in accordance with policies issued by the commission from time to time. Notwithstanding such policies, the following original books, records and documents shall be retained indefinitely unless destruction is requested by a video lottery gaming agent and approved by the commission in writing:

1. (1) corporate records;
2. (2) records of corporate investigations and due diligence procedures;
3. (3) current video lottery gaming employee personnel files; and
4. (4) a record of any original book, record or document destroyed, identifying the particular book, record or document, the period of retention and the date of destruction.

(c) An off-site storage facility for the books, records and documents required to be retained by a video gaming agent pursuant to this part may be approved by the commission upon receipt of a written request from a video gaming agent. Such request shall include, without limitation, the following information:

1. (1) a detailed description of the proposed off-site facility, including security and fire safety systems; and

2. (2) the procedures pursuant to which the commission will be able to gain access to the original books, records and documents retained at the off-site facility.

   A video lottery gaming agent may request commission approval of an electronic or other suitable media system for the copying and storage of original books, records and documents. The use of such multi-media systems by a video gaming agent shall be pursuant to policies issued by the commission from time to time.

   (d)

3. (1) Notwithstanding any policy, statute, rule or regulation to the contrary, video lottery gaming agent shall notify the commission in writing at least 15 days prior to the scheduled destruction of any original book, record or document. Any such notice of destruction shall list each type of book, record and document scheduled for destruction, including a description sufficient to identify the books, records and documents included; the retention period; and the date of destruction.
4. (2) The commission may object to the destruction of any original book, record or document by notifying the video lottery gaming agent in writing within 15 days of the receipt of any notice of destruction issued by the commission by a video lottery gaming agent. Upon receipt of an objection to any notice of destruction, such original book, record or document may thereafter be destroyed by the video lottery gaming agent only upon the consent of the commission, The destruction of any book, record or document by a video gaming agent without the consent of the commission shall be a violation of these regulations and will be treated as the destruction of a public record under the Penal Law.
5. (3) The video lottery gaming agent may utilize the services of a commission-approved disposal company for the destruction of any books, records or documents. Any cash complimentary coupons to be destroyed by a disposal company shall first be canceled with a void stamp, hole punch or similar device, or must contain a clearly marked expiration date that has expired, prior to turning possession of such coupons over to the disposal company.