(1) To be eligible for a regulatory mitigation agreement or a joint interpretation agreement, a participant shall demonstrate to the office that:
(a) the participant has the technical expertise and capability to responsibly develop, implement, and use or supervise the use of the proposed artificial intelligence technology;
(b) the participant has sufficient financial resources to meet obligations during testing;
(c) the artificial intelligence technology provides potential substantial consumer benefits that may outweigh identified risks from mitigated enforcement of regulations;
(d) the participant has an effective plan to monitor and minimize identified risks from testing; and
(e) the scale, scope, and duration of proposed testing is appropriately limited based on risk assessments.
(2) To evaluate whether a participant meets eligibility criteria to obtain a regulatory mitigation agreement or a joint interpretation agreement, the office may consult with relevant agencies, governmental entities, and outside experts regarding the application.