(1) To be eligible for a regulatory mitigation agreement or a joint interpretation agreement, a participant shall demonstrate to the office that:
- (a) the participant has the technical expertise and capability to responsibly develop, implement, and use or supervise the use of the proposed artificial intelligence technology;
- (b) the participant has sufficient financial resources to meet obligations during testing;
- (c) the artificial intelligence technology provides potential substantial consumer benefits that may outweigh identified risks from mitigated enforcement of regulations;
- (d) the participant has an effective plan to monitor and minimize identified risks from testing; and
- (e) the scale, scope, and duration of proposed testing is appropriately limited based on risk assessments.
- (2) To evaluate whether a participant meets eligibility criteria to obtain a regulatory mitigation agreement or a joint interpretation agreement, the office may consult with relevant agencies, governmental entities, and outside experts regarding the application.
Renumbered and Amended by Chapter 127, 2026 General Session