If the commission finds an independent contractor to be unsuitable:

1. (1) Each licensed manufacturer shall, upon written notification, immediately terminate any existing relationships, direct or indirect, with such independent contractor;
2. (2) No new gaming device with a control program that contains software, source language, or executable code created in whole or in part by the unsuitable independent contractor may be approved; and

3. (3) Any previously approved gaming device with a control program that contains software, source language, or executable code created in whole or in part by the contractor is subject to revocation of its approval if the reasons for the finding of unsuitability also apply to that gaming device.

   Failure of a licensed manufacturer to terminate any association or agreement with an independent contractor after receiving of the determination of unsuitability constitutes grounds for disciplinary action as set forth in ARSD subdivision 20:18:09:01(20).

Source: 39 SDR 119, effective January 8, 2013.

General Authority: SDCL 42-7B-7 , 42-7B-11(11)(12).

Law Implemented: SDCL 42-7B-11(11)(12).