Gagging someone after they were rgagged before you ban them isn't by the books but alot of people do it to save the ears of many. Break the books! But in all seriousness there is guidelines for everything indy, can't just ban someone straight away for RDM, there is a certain chain to follow. Though there is discretion in areas.
If staff runs the server by their own terms then there would be no need for the rules. Rules are guidelines that the staff follows in order to enforce some kind of order in the servers. It also allows for standardized punishments and for the servers to have a general direction based on what the owner desires in his server. Though admins and higher are provided discretion to tweak these rules a bit, they are still mostly restricted by the rules on how they implement is as no one is above them (maybe only Highwon cause he DOES own the server).