N.M. Admin. Code § 15.1.25.11

Current through Register Vol. 35, No. 21, November 5, 2024

Section 15.1.25.11 - CRITERIA FOR GRANTING A LICENSE WAIVER; TIER ONE ASSOCIATED EQUIPMENT

A. The decision to grant a waiver of licensure for the manufacture of tier one associated equipment is within the absolute discretion of the board. Waivers will be granted on the terms and conditions the board deems necessary and provided the waiver is consistent with the purposes of the act.

B. The board may consider the following factors, where applicable, in determining whether to grant a waiver:

(1) whether the manufacturer is licensed by another jurisdiction with standards for licensure comparable to the standards of the state;

(2) whether requiring licensure would inhibit the entry of a particular technology into the state;

(3) whether the cost of obtaining a license is disproportionate to the economic benefit the manufacturer would gain from licensure;

(4) whether requiring licensure would inhibit economic development in the state;

(5) whether the manufacturer or any of its principles has been denied a license or certification in this state or another state, has had a certification, permit or license issued pursuant to the laws of this state, another state or the United States permanently suspended or revoked for cause or is currently under suspension or other limiting action in this state or another state involving gaming activities or licensure for gaming activities;

(6) whether the manufacturer or any of its principles have been convicted of a crime in any jurisdiction;

(7) whether the associated equipment for which the waiver is sought affects the security of any game or gaming device;

(8) whether the associated equipment for which a waiver is sought has been verified by an independent laboratory or approved by another jurisdiction with standards comparable to the standards of the state; and

(9) any other factors the board deems appropriate.

C. A waiver will not be granted if the manufacturer is manufacturing any of the following:

(1) an EPROM or other storage medium containing game source language or executable code of a computer program that cannot be reasonably demonstrated to have any use other than in a gaming machine;

(2) any mechanical, electrical, or other device that may be connected to or used with a gaming machine to alter the normal criteria of random selection or affect the outcome of a game;

(3) a system for the accounting or management of any game or gaming machines;

(4) any hardware of software that interfaces directly with the central monitoring system or with a slot accounting system; or

(5) any other component that the board determines by regulation to be a gaming device used directly or remotely in connection with gaming or any game that affects the results of a wager by determining a win or loss.

N.M. Admin. Code § 15.1.25.11

15.1.25.11 NMAC - N, 5/15/02; A, 5/15/07