Heidi Heitkamp actually said...

"But, we should know what those requirements are from both the statute and the substantive rulemaking, and when it seems like we cross that rubicon, when we stop thinking that this is helpful in interp..."

"It looks like it is a shortcut to changing the rule."

"That is one of your recommendations in your report, is that we actually look at written policies as it relates to guidance..."

"I cannot describe it for you, but I know it when I see it, and we all may have a different line in terms of where we think guidance may cross over to substantive rulemaking."