A manufacturer may not offer the equipment, systems or software enumerated in §E of this regulation, or a modification to a Commission approved version of that equipment, system or software, for sale, lease, distribution or use in a facility without it having been: Tested and certified by an independent certified testing laboratory; and Approved in writing by the Commission. A facility operator may not purchase, lease, or otherwise acquire the right to install, utilize, or make available for use the equipment, systems, or software enumerated in §E of this regulation, or a modification to a Commission approved version of that equipment, system, or software, without it having been: Tested and certified by an independent certified testing laboratory; and Approved in writing by the Commission. A facility operator may not modify, alter or tamper with an instant bingo machine or associated validation and accounting system. Modification, alteration, or tampering with an instant bingo machine or associated validation and accounting system may result in the immediate suspension of a facility license by the Commission. The testing, certification, and approval requirements of this regulation shall, at a minimum, apply to: The instant bingo machine validation and accounting system; An instant bingo machine; The interoperability between an instant bingo machine and: An instant bingo machine validation and accounting system; and Any other component integral to the operation of the device; and Other equipment, systems, or software designated for testing and certification by the Commission. A prototype of equipment, a system, or software required to be tested, certified, and approved under §E of this regulation, or a modification to a Commission approved version of that equipment, system, or software shall, at a minimum, be tested for: Overall operational integrity; Compliance with applicable state laws and commission regulations; and Any other standards required by the Commission pertaining to the equipment, system, or software. If a facility operator develops any equipment, system, or software that is functionally equivalent to that enumerated in this regulation, or modifies a Commission approved version of that equipment, system or software, the facility operator shall be subject to the testing, certification, and approval requirements of this chapter to the same extent as if the equipment, system, or software were developed or modified by a manufacturer. A manufacturer shall pay all costs of testing, certification, and approval under this chapter including, but not limited to, all costs associated with: Transportation; Equipment and technical services required by an independent certified testing laboratory to conduct the testing and certification process; and Implementation testing. A manufacturer seeking Commission approval for equipment, a system, or software other than an instant bingo machine shall submit the equipment, system, or software to an independent certified testing laboratory. A manufacturer seeking Commission approval for a modification to a Commission approved version of equipment, a system, or software other than an instant bingo machine shall submit the proposed modification to an independent certified testing laboratory. At the conclusion of testing of a prototype or modification of equipment, a system or software other than an instant bingo machine, an independent certified testing laboratory shall issue to the Commission a certification report in: An electronic form; and A format acceptable to the Commission. A manufacturer seeking Commission approval for an instant bingo machine shall submit the instant bingo machine to an independent certified testing laboratory. A manufacturer seeking Commission approval for a modification to a Commission approved version of an instant bingo machine, including a change in theme, shall submit the modification to an independent certified testing laboratory. At the conclusion of testing of a prototype or modification to an instant bingo machine, an independent certified testing laboratory shall issue to the Commission a certification report in: An electronic form; and A format acceptable to the Commission. Upon receipt of a certification report from an independent certified testing laboratory, but prior to a decision to approve a prototype or modification to an instant bingo machine, the Commission may require a trial period. A trial period shall be of a scope and duration the Commission deems appropriate to assess the operation of the instant bingo machine in a live gaming environment. A trial period shall be subject to compliance by the manufacturer and the facility operator with specific terms and conditions required by the Commission, which may include: Development and implementation of product specific accounting and internal controls; and Periodic data reporting to the Commission. The Commission may order termination of the trial period at any time upon a determination by the Commission that: A manufacturer or facility operator has not complied with the terms and conditions required by the Commission; or The instant bingo machine is not performing as expected. Upon receipt of a certification report from an independent certified testing laboratory, the Commission may: Approve the prototype or modification, with or without specific conditions; Reject the prototype or modification; Require additional testing; or Require a trial period under §G of this regulation. Commission approval of a prototype or modification of an instant bingo machine does not constitute a guarantee of its safety or reliability. Upon request, a manufacturer shall deliver to the Commission: Technical and operator manuals, pay table information; A file, in a form satisfactory to the Commission, describing the instant bingo machine including: Manufacturer’s: Serial number; Model number; Software identification number; and Version number; Denomination or a designation as multi-denomination; Cabinet style; and Other information required by the Commission. Notwithstanding the requirements of Regulations .02C and .03C of this chapter, the Commission may, on submission of a written request by a manufacturer, authorize installation of a modification to equipment, a system or software required to be tested, certified, and approved by the Commission under Regulation .01E of this chapter, on an emergency basis. A written request submitted by a manufacturer to the Commission shall document the: Equipment, system, or software proposed for emergency modification including: Software identification number; and Version number; Facility; Reason for the emergency modification; and Proposed date and time of installation. A manufacturer may not install an emergency modification without the written approval of the Commission. Not more than 15 days following receipt of Commission authorization on an emergency modification, a manufacturer shall submit a modification identical to that receiving emergency authorization for testing, certification, and approval under this chapter. A manufacturer or facility operator shall immediately notify the Commission of any known or suspected defect or malfunction in equipment, system, or software required to be tested, certified, and approved by the Commission. A manufacturer shall: Confirm in writing any notice given to the Commission verbally pursuant to §A of this regulation; and If required by the Commission, notify a facility operator of any known or suspected defect or malfunction in equipment, a system, or software installed in its facility. A facility operator shall immediately notify the Commission of any known or suspected defect or malfunction in equipment, system, or software required to be tested, certified, and approved by the Commission. A facility operator shall confirm in writing any notice given to the Commission verbally pursuant to §C of this regulation. The Commission may, at any time, revoke an approval granted under Regulations .02, .03, or .04 of this chapter to equipment, a system, or software on a determination by the Commission that the equipment, system, or software does not comply with the technical standards specified by the Commission pertaining to the equipment, system, or software, as amended or clarified. The Commission may, at any time, impose additional conditions on the operation or placement of Commission approved equipment, systems, or software. A revocation by the Commission of an approval under §A of this regulation does not give rise to an appeal right. An instant bingo machine shall be configured to lock-up and preclude further play following a single jackpot event: Requiring the filing of an IRS Form W-2G, Certain Gambling Winnings, as required by the IRS; or At an amount lower than the IRS requires for reporting, as approved by the Agency. The following error conditions shall result in placement of instant bingo machine in a disabled mode, shall prevent play, and shall only be cleared by a manufacturer and/or operator: Low RAM battery; Printer: Failure; Jam; or Out of paper; Ticket dispenser: Failure; Jam; or Out of tickets; Presentation error; Program error or defective program storage media; Reel spin error; Removal of the control storage media; RAM defective or corrupted; and Bill validator jam. An instant bingo machine shall be capable of recalling and displaying a complete play history for the most recent game event and at least three games immediately preceding the most recent game event and shall: Be presented in the same sequence as the original game play; Be available when the instant bingo machine is in: Idle mode; Administrative mode; Disabled mode; and Tilt mode; and Include: Game outcome in graphics or text; The base game and all intermediate play decisions; Details sufficient to determine the credits available at the start and end of each game event; Wagers placed per line; Number of lines on which wagers were placed; and Credits won. A manufacturer and/or operator shall equip an instant bingo machine with a maintenance log for use in documenting each time a: Instant bingo machine is entered; or A device connected to an instant bingo machine which may affect the operation of the instant bingo machine is accessed. A maintenance log shall be: Signed by each individual accessing an area enumerated in §D of this regulation including representatives of a manufacturer, contractor, facility operator or the Commission; Maintained in a book with bound numbered pages that cannot be readily removed: In the main cabinet of the instant bingo machine; and On the cover of which are fields to record: The instant bingo machine’s manufacturer’s serial number; Commission certification number; and A log book sequence number; Utilized to document the following: Date and time of entry; Entering individual's signature; Reason for entering the instant bingo machine including the identification of areas inspected or repaired; and Retained by a facility operator for a minimum of two years from the date of the last entry unless a request for destruction is submitted in writing and approved in writing by the Commission. A manufacturer may not perform from a remote location analysis of, or technical support with regard to, an instant bingo machine or instant bingo validation and accounting system without: Submission of a written request to the Commission; and The written approval of the Commission. A facility operator intending to authorize remote access to an instant bingo validation and accounting system under this regulation shall include in its internal controls submitted for Commission approval under a written system of access protocols which require: A unique system account for each employee of a manufacturer identified by the manufacturer as potentially required to perform technical support from a remote location; Use of a dedicated and secure communication facility; Prior notice by the manufacturer of intent to remotely access a system to the: Facility operator; and Commission; The facility operator to take affirmative steps, on a per access basis, to activate a manufacturer’s access privileges; Imposition of limits on the ability of any individual authorized under this regulation to deliberately or inadvertently interfere with: The normal operation of the system; and Its data; An access log: Maintained by both the: Manufacturer; and Facility operator’s information technology department; Maintained in: A book with bound numbered pages that cannot be readily removed; or An electronic format equipped with software that prevents modification of an entry after it has been initially entered into the system; and Documenting the: Manufacturer version number of the system accessed; Type of connection as leased line, dial in modem, or private WAN; Name of the manufacturer employee remotely accessing the system; Name of the information technology department employee activating the manufacturer's access to the system; Date and time of the connection; Duration of the connection; Reason for the remote access including a description of the symptoms or malfunction prompting the need for remote access to the system; and Any action taken or further action required. A facility operator may not authorize a manufacturer to remotely access an instant bingo validation and accounting system until its system access protocols are approved in writing by the Commission. Any modification to a system required to be tested, certified and approved by the Commission shall be processed as: An emergency modification under Regulation .05 of this chapter; or A standard modification under Regulations .02(B) and .03(B) of this chapter. If an employee of a manufacturer is no longer employed or authorized by a manufacturer to remotely access a system pursuant to this regulation, the manufacturer shall: Immediately notify in writing: Any facility operator that has established a unique system account for that employee of the change in authorization; and The Commission; and Verify with each facility operator notified of the change in authorization that the access privileges of the individual have been revoked. A manufacturer or facility operator may not utilize a location outside of a facility to store or repair equipment, systems, software, or related parts and inventory for use in a facility without the storage facility being: Inspected by the Commission; and Approved in writing by the Commission. A manufacturer or facility operator shall locate a storage facility in Maryland in a location or locations that reasonably permit the delivery of the support and technical services. A manufacturer or facility operator shall submit to the Commission a written request to utilize a storage facility under §A of this regulation which includes, at a minimum: Address; Physical description of the storage facility; Specifications for the surveillance system that has been or will be installed at the proposed storage facility; and Security procedures for the storage facility. State Government Article, §9-110; Criminal Law Article, §§ 12-301. 1 and 12-308; Annotated Code of Maryland Effective date: Regulations .01— .10 adopted as an emergency provision effective August 26, 2013 (40:20 Md. R. 1650); adopted permanently effective December 12, 2013 (40:24 Md. R. 2019) Regulation .08A amended effective May 25, 2026 (53:10 Md. R. 459)