(1) The department may conditionally approve specific models of machines or modifications based on its finding that the machines conform to the act and these rules.

(a) Final approval of each machine or modification is required even if a machine has been conditionally approved.

(b) Conditional or final approval may be withdrawn by the department subsequent to finding that a machine does not conform to specifications or requirements that were in effect at the time conditional or final approval was granted.

(2) Approval includes inspection of the hardware and software and all information provided to the department under the Administrative Rules of Montana to determine whether a machine or modification meets all requirements of the act and these rules.

(3) The department may accept shipment of a machine or modification for the purpose of providing conditional approval of that particular make and model or modification provided the following conditions are met:

(a) the department will not be responsible for any purchase, shipping, or handling charges;

(b) all the information required in ARM 23.16.1808 must accompany the machine or modification; and

(c) prior to shipment, the department approved such shipment of a machine or modification for scheduled testing and approval.

(4) New rules may be adopted which redefine or set forth new specifications that previously approved machines and/or modifications do not comply with. In such cases, and only in such cases, the department shall allow up to 90 days for a licensee to bring a machine and/or modification into compliance with a new or modified specification.