3772-7-01 (amendment), titled “Insurance.” This rule requires casino operators, management companies, holding companies, and gaming-related vendors to obtain and maintain insurance, as required by the Commission. The purpose of this rule is to ensure all covered entities, and therefore the State of Ohio, are adequately protected from unexpected events. Additionally, the rule is required by statutory sections, including R.C. 3772.03 and 3772.10. The amendment to the rule removes “crime” insurance as a required policy, as the Commission received inconsistent policies on this matter that were mostly captured by other types of insurance required by the rule. The amendment also removes unnecessary language designed to streamline the rule.

3772-9-01 (amendment), titled “Definitions.” This rule contains definitions of “EGE,” “redemption kiosk,” and “activated voucher feature.” The purpose of this rule is to provide clear and consistent definitions of common phrases regarding EGE, which will create a more streamlined and easy-to-use Administrative Code. Additionally, the rules in Ohio Adm.Code Chapter 3772-9 are all meant to fulfill statutory requirements in R.C. 3772.03, 3772.20, and 3772.31. The amendment to this rule first removes the definition of “activated voucher feature,” as the term no longer exists in the Administrative Code. Next, the amendment updates the definition of EGE by moving specifications from Ohio Adm.Code 3772-9-02 here. As part of the update to EGE, a longstanding practice of having the Executive Director determine which additional technology may impact casino gaming has been codified. Most other updates are to streamline rule language or to use more current terminology.

3772-9-02 (amendment), titled “Approval for use in a casino facility.” This rule governs how EGE may be approved for use in a casino facility. The purpose of this rule is to ensure all EGE in a casino is compliant with and meets the requisite standards. Additionally, the rules in Ohio Adm.Code Chapter 3772-9 are all meant to fulfill statutory requirements in R.C. 3772.03, 3772.20, and 3772.31. The amendment to the rule greatly streamlines rule language and updates terminology. Further, the changes in paragraph (A) allow the Executive Director to approve certain EGE without the need for it to be tested by a casino-gaming certified independent testing lab (“CITL”). For instance, systems which access and analyze gaming data, but do not have the ability to alter the data will not need to be tested by a casino-gaming CITL, but will still be evaluated by the Commission’s compliance staff. Meanwhile, all EGE that directly touches upon casino gaming or patron transactions will continue to be tested. The amendment also adds a requirement that all EGE that accepts wagers, currency, or any cashless wagering instrument must be connected to an on-line monitoring system. While this requirement is new, every casino in the state is already in compliance. The amendment also moves a requirement for gaming authentication terminals (“GAT”) into this rule from Ohio Adm.Code 3772-9-12, as the requirement for GAT is fundamental for approval, since it allows for the uniform verification of EGE. Finally, the rule moved two other provisions: the first, some additional descriptors on EGE were moved to the definition in Ohio Adm.Code 3772-9-01; and second, the appendix of EGE standards, which casino-gaming CITLs use to test EGE has been moved to Ohio Adm.Code 3772-9-03. Those topics are covered in the summaries of those rules.

3772-9-03 and appendix (amendment), titled “Evaluation by a certified independent testing laboratory.” This rule requires all gaming-related devices, software, hardware, and technology to be tested by a casino-gaming CITL before they are included in the Commission’s database of approved equipment. The rule further specifies that the equipment will not be included in the database unless the lab concludes that the equipment is compliant with R.C. Chapter 3772 and the administrative rules adopted thereunder. The purpose of this rule is to ensure that all EGE in a casino is compliant with and meets the requisite standards. Additionally, the rules in Ohio Adm.Code Chapter 3772-9 are all meant to fulfill statutory requirements in R.C. 3772.03, 3772.20, and 3772.31. The amendments to this rule largely streamline rule language. However, changes to paragraph (A) build upon changes in Ohio Adm.Code 3772-9-02 to allow EGE to be approved by the Executive Director without the need for a casino-gaming CITL evaluation. The amendment also codifies that the Executive Director may require previously approved EGE to be re-tested upon a determination that it may jeopardize integrity. Finally, the rule moves the EGE testing-standard appendix from Ohio Adm.Code 3772-9-02 to this rule. This appendix is what all casino-gaming CITLs test against in approving EGE. The only amendment to the appendix is to improve phrasing.

3772-9-05 (amendment), titled “Transportation of electronic gaming machines to and from a casino facility.” This rule prescribes the requirements related to the transportation of all electronic gaming machines into, out of, and within the State of Ohio. Presently, the rule requires that all electronic gaming machines be shipped to the casino only after the Executive Director has received notice of the shipment at least five days in advance and has approved the same. The purpose of this rule is to ensure the integrity of EGE covered in the rule during their transportation. Additionally, the rules in Ohio Adm.Code Chapter 3772-9 are all meant to fulfill statutory requirements in R.C. 3772.03, 3772.20, and 3772.31. In the amendment, the language in this rule has been largely streamlined and updated. Additionally, the provision requiring Executive Director approval before shipment occurs has been removed. This is similar to how the Commission now handles promotions, which no longer need approval, but must be submitted for review and could thus be objected to.

3772-9-06 (amendment), titled “Possession and storage of electronic gaming equipment.” This rule relates to how EGE can be possessed or stored, including requirements that the Commission be provided with and updated on an inventory list of all EGE possessed by the casino operators, and that all EGE not on the casino floor be stored in a specified and secured manner. The purpose of this rule is to ensure that EGE is not tampered with and maintains compliance with the technical standards required under R.C. Chapter 3772 and the rules adopted thereunder. Additionally, the rules in Ohio Adm.Code Chapter 3772-9 are all meant to fulfill statutory requirements in R.C. 3772.03, 3772.20, and 3772.31. The amendments to this rule remove unnecessary provisions in the Administrative Code and streamline rule language.

3772-9-07 (rescind), titled “Transportation of electronic gaming equipment to and from a certified independent testing laboratory located in this state.” This rule is being rescinded as unnecessary. While there are currently no casino-gaming CITLs in Ohio, the amendments to Ohio Adm.Code 3772-9-05 and 3772-9-06 have removed any need for a special rule on this topic.

3772-9-08 (amendment), titled “Movement of electronic gaming equipment within a casino facility.” This rule requires casino operators to maintain a log of all EGE movements. The purpose of this rule is to ensure the Commission can track all EGE, allowing for EGE to be appropriately identified, investigated, and audited. Additionally, the rules in Ohio Adm.Code Chapter 3772-9 are all meant to fulfill statutory requirements in R.C. 3772.03, 3772.20, and 3772.31. The amendment to this rule removes an unnecessary reference to Ohio Adm.Code 3772-1-07.

3772-9-09 (amendment), titled “Installation or removal of electronic gaming equipment.” Presently, this rule mandates casino operators to follow certain requirements when installing or removing EGE from the casino gaming floor. These requirements include Executive Director approval and the logging of any access to the secure area within the machine. Additionally, the rule requires that before any game is installed, it’s critical storage program media must be verified and sealed by a Commission employee. The purpose of this rule is to ensure that all EGE are operating in accordance with the law and that the Commission can track any access to EGE should an investigation into it be needed. Additionally, the rules in Ohio Adm.Code Chapter 3772-9 are all meant to fulfill statutory requirements in R.C. 3772.03, 3772.20, and 3772.31. The amendment to this rule largely streamlines language and removes an unnecessary reference to Ohio Adm.Code 3772-1-07.

3772-9-10 (amendment), titled “Electronic gaming equipment maintenance, repair, or other servicing standards.” Presently, this rule governs the maintenance of EGE, including requiring all EGE to be suitable and requiring casino operators to remove any unsuitable EGE from operation until the equipment is made suitable and a report is filed with the Commission detailing how any issues were resolved. Finally, the rule requires the logging of access to the secure area of EGE and that any maintenance to EGE be conducted in the presence of appropriately licensed personnel. The purpose of this rule is to ensure that all machines are operating in accordance with the law and that the Commission can track any access to machines should an investigation into the machine be needed. Additionally, the rules in Ohio Adm.Code Chapter 3772-9 are all meant to fulfill statutory requirements in R.C. 3772.03, 3772.20, and 3772.31. The amendments to the rule remove some duplicative restrictions and streamlines rule language.

3772-9-12 (rescind), titled “Electronic gaming equipment authentication.” This rule provides the authentication requirements that EGE must support, so that the Commission and casino-gaming CITLs can verify EGE’s critical program storage media. The purpose of this rule is to ensure that all EGE can be verified by the Commission and casino-gaming CITLs as compliant with R.C. Chapter 3772 and the rules adopted thereunder. This rule is being rescinded, as paragraphs (C) and (D) were either no longer necessary or could be covered the exception in paragraph (B). Paragraphs (A) and (B) have been moved to Ohio Adm.Code 3772-9-02 to better streamline the Administrative Code.

3772-9-13, (rescind) titled “Redemption kiosks.” Presently, the rule has requirements for redemption kiosks. However, all three requirements are no longer necessary. Paragraph (A) is already covered by Ohio Adm.Code 3772-9-06; paragraph (B) is dictated by anti-money laundering laws; paragraph (C) is no longer necessary as kiosks can now provide vouchers for insufficient funds.

3772-17-01 (amendment), titled “Approval of third-party engineering and accounting firms.” This rule requires casino operators to engage third-party engineering or accounting firms to certify or attest to the cost of its initial investment. The purpose of this rule is to ensure that all operators are complying with their constitutional mandate. Additionally, the rule has been adopted pursuant to statutory requirements in R.C. 3772.03, 3772.09, and 3772.27. The amendments to this rule are all meant to streamline language or remove redundancies between the rule and the Revised Code.

3772-29-01 (amendment), titled “Approval for debt transactions.” This rule requires a casino operator to submit certain documentation to the Commission and to receive Commission approval before entering into a debt transaction to ensure that the debt transaction will not jeopardize the suitability of the licensee. The purpose of this rule is to allow the Commission to continue to ensure the financial suitability and viability of the four casinos on an ongoing basis. Additionally, this rule has been adopted pursuant to statutory requirements in R.C. 3772.28. The amendments to this rule are all meant to reflect present practice, streamline rule language, or remove redundancies between the rule and the Revised Code.