038-5 Wyo. Code R. §§ 5-1 - Certification of Skill Based Amusement Games

(a) All laboratory reports are considered confidential and proprietary as provided by Wyoming law.

(b) All skill based amusement games shall be submitted to a nationally recognized, independent gaming laboratory approved by the Commission for certification testing. All gaming laboratories shall be approved by the Commission in advance of the submission of any laboratory reports or certification. An application for laboratory approval may be submitted by a prospective laboratory, vendor, or operator. The application shall include:

(i) A brief accounting of the laboratory's qualifications and experience.

(ii) A written certificate that the laboratory has no financial interest or conflicts under these rules; and

(iii) Any additional information requested in the written laboratory application form prepared by the Commission.

(c) If the skill based amusement game meets or exceeds the specifications set forth in these rules, the independent gaming laboratory approved by the Commission shall certify the skill based amusement game. Vendors are prohibited from offering a skill based amusement game in Wyoming without such certification. The vendor is responsible for all costs associated with testing and obtaining such certifications.

(d) The independent gaming laboratory must produce a general functional evaluation laboratory report regarding the software or hardware installed on each skill based amusement game detailing the testing performed, the analysis, testing results, and have available upon request the backup information used in the testing process.

(e) The Commission shall evaluate the laboratory report and determine if the game meets the requirements of a skill based amusement game prior to approving the submission. This final determination of whether a submission meets the requirements to qualify as a skill based amusement game shall be made by the Commission, and not the independent gaming laboratory.

(f) A report and certification shall certify with specificity that the skill based amusement game in question complies with each requirement contained in Wyoming's definition for skill based amusement games. The Commission shall maintain all trade secrets, privileged patent information, or proprietary information in their possession in a confidential manner.

(g) The Commission may require additional testing. Whether the additional testing is performed by the original independent gaming laboratory or another separate qualified independent gaming laboratory is to be determined by the Commission. Additional testing will be required when the Commission determines that it is necessary to ensure the integrity or proper functioning of the skill based amusement game because of the existence of one or more of the following:

(i) Inconclusive initial test results;

(ii) A need to establish repeatability of test results; or

(iii) A need to determine compatibility with components other than those tested.

Notes

038-5 Wyo. Code R. §§ 5-1

Adopted, Eff. 2/22/2023.