23-5-621. Rules. (1) The department shall adopt rules that:
     (a) implement 23-5-637;
     (b) describe the video gambling machines authorized by this part and state the specifications for video gambling machines authorized by this part;
     (c) allow video gambling machines to be imported into this state and used for the purposes of trade shows, exhibitions, and similar activities;
     (d) allow each video gambling machine connected to the department's automated accounting and reporting system to offer any combination of approved poker, keno, and bingo games within the same video gambling machine cabinet;
     (e) allow, on an individual license basis, licensed machine owners and operators of machines connected to the department's automated accounting and reporting system to:
     (i) electronically acquire and use for an individual licensed premise the information and data collected by the department for business management, accounting, and payroll purposes; however, the rules must specify that the data made available as a result of the department's automated accounting and reporting system may not be used by licensees for player tracking purposes; and
     (ii) acquire and use, at the expense of a licensee, a department-approved site controller;
     (f) provide that, for video gambling machines connected to the department's automated accounting and reporting system, machine paper audit and accounting rolls need not be retained for more than 4 consecutive quarters; and
     (g) minimize, whenever possible, the recordkeeping and retention requirements for video gambling machines that are connected to the department's automated accounting and reporting system.
     (2) The department's rules for an automated accounting and reporting system must, at a minimum:
     (a) provide for confidentiality of information received through the automated accounting and reporting system within the limits prescribed by 23-5-115(6) and 23-5-116;
     (b) prescribe specifications for maintaining the security and integrity of the automated accounting and reporting system;
     (c) limit and prescribe the circumstances for electronic issuance of video gambling machine permits and electronic transfer of funds for payment of taxes, fees, or penalties to the department based on the requirement that electronic permitting and transfer of funds may be done only when the department has a request in writing from the owner of the electronic funds transfer account; and
     (d) limit and prescribe the circumstances under which machines may be disabled for malfunctions or violations detected by use of the automated accounting and reporting system or for other violations of this chapter. Under no circumstances may machines connected to the automated system be disabled for violations except upon clear and convincing evidence supporting a determination made after notice and an opportunity for hearing and with the right of judicial review under the Montana Administrative Procedure Act.

     History: En. Sec. 49, Ch. 642, L. 1989; amd. Sec. 7, Ch. 424, L. 1999.