If the statute is clear and provides guidelines in sufficient detail to direct the agency through implementation, then rule making is not necessary. In proposing rules an agency should seek to determine whether a compelling need exists and what economic impact it may have. If the implementation of a new rule will result in the higher cost of operating a business, the cost of which will be passed onto consumers, there should be a compelling need for the new rule before it is enacted. Sometimes a gray area exists between policy and rule. Rules are used to further define statutes.
Policies apply to the internal management of the agency.
The guidelines are informative and descriptive and do not carry the full force and effect of law. Rules can be developed, amended, and repealed by the Board. Procedurally, proposed rule making is approved by the Board, and subsequently published in the D.C. Register . The public is afforded a 30-day comment period. The comments, if any, are reviewed by the Board, and changes to the proposed text of the rules may or may not be changed.