Illinois Form DAH A 17 Notice of Protest Guide

Illinois Form DAH A 17 Notice of Protest Guide – Illinois motor vehicle dealers facing potential franchise termination, non-renewal, additional dealership establishment, or other manufacturer actions have a critical legal tool available: the Notice of Protest. Officially known as Illinois Secretary of State Form DAH A 17 (also referenced in current publications as DAH H 17), this form initiates a formal hearing request before the Motor Vehicle Review Board under the Illinois Motor Vehicle Franchise Act (815 ILCS 710).

This SEO-optimized guide targets U.S. automobile dealers, franchisees, attorneys, and business owners operating in Illinois. It explains the purpose of Form DAH A 17, when to file it, required contents, submission procedures, and key legal timelines. All information is drawn from official Illinois Secretary of State and Illinois General Assembly sources.

What Is Illinois Form DAH A 17?

Form DAH A 17 is the official “Notice of Protest — Illinois Motor Vehicle Franchise Act” issued by the Illinois Secretary of State’s Department of Administrative Hearings. It serves as the formal written request for a hearing before the Motor Vehicle Review Board under Sections 12 and 29 of the Motor Vehicle Franchise Act (MVFA).

The form allows a protesting dealer or franchisee to allege specific violations of the Act by a manufacturer, distributor, or wholesaler. Only certain statutory sections may be protested through this process. The current official version is available for download from the Illinois Secretary of State website.

Download the official form here: Illinois Secretary of State Form DAH A 17 (PDF)

Note: The Secretary of State also lists an updated version designated DAH H 17 on its Administrative Hearings publications page. Dealers should verify they are using the most current form available at ilsos.gov.

Purpose of the Illinois Motor Vehicle Franchise Act

The Illinois Motor Vehicle Franchise Act (815 ILCS 710) was enacted to protect motor vehicle dealers from unfair practices by manufacturers and distributors. The legislature recognized that the distribution and sale of vehicles significantly affect the state’s economy, public interest, and safety.

Key protections under the Act include restrictions on:

Termination or non-renewal of franchises without good cause
Refusal to honor succession or approve transfers
Establishment of additional franchises or relocation of existing ones within a relevant market area without proper notice and justification
Unfair warranty reimbursement practices
Unreasonable restrictions on dealers

When a manufacturer proposes certain actions, the dealer generally has only 30 days from receipt of written notice to file a protest. Missing this deadline can permanently forfeit the right to challenge the action before the Motor Vehicle Review Board.

When Should a Dealer File Form DAH A 17?

A dealer should file Form DAH A 17 promptly after receiving written notice from a manufacturer of a proposed action that may violate the Act. Common triggering events include:

Proposed termination, cancellation, or non-renewal of a franchise
Refusal to approve a sale or transfer of the dealership
Refusal to honor succession rights
Proposal to grant an additional franchise of the same line-make in the relevant market area
Proposed relocation of an existing dealership into or within the relevant market area
Significant changes to franchise obligations

Under Illinois law, manufacturers must typically provide at least 60 days’ written notice (by certified mail) of certain proposed actions, and the dealer then has 30 days from receipt to file the protest. Timeliness is strictly enforced: the postmark controls for mailed filings, the Secretary of State receipt stamp for hand delivery, and the transmission date for fax submissions.

Required Information on Form DAH A 17

According to the Illinois Administrative Code (92 Ill. Adm. Code 1001.750) and the form itself, a complete Notice of Protest must include at minimum:

Name, address, and Illinois dealer license number of the protesting dealer/franchisee
Name and address of the manufacturer/distributor (respondent)
Name and address of any other dealer or franchisee involved
Specific sections of the Motor Vehicle Franchise Act allegedly violated (Sections 4, 5, 6, 7, 8, 9, 10.1, or 11 — with sub-parts specified for Section 4)
Date the dealer was notified in writing by the manufacturer of the proposed action
Date of the most recent franchise or service agreement
A brief description of the facts supporting the alleged violations
Copies of all relevant documents received from or sent to the manufacturer/distributor and any other involved dealer

The form also provides space for the attorney’s name and address if the dealer is represented by counsel.

How to Complete and File Form DAH A 17?

Follow these steps carefully:

Download the official PDF form from the Illinois Secretary of State website.
Complete all required fields accurately. Incomplete notices may be rejected.
Attach the required supporting documents: factual narrative, correspondence, and identification of any other involved dealers.
Prepare one original and four copies of the completed notice with all attachments.
Submit by one of the following methods:
- Mail or hand-deliver to: Illinois Secretary of State, Room 200, Howlett Building, Springfield, IL 62756
- Deliver to: Illinois Secretary of State, Suite 1200, 17 N. State Street, Chicago, IL 60602
- Fax to the Springfield office (check the current form for the exact fax number, historically listed as 217-782-2192 or 217-524-1561)

Always retain proof of filing (certified mail receipt, delivery confirmation, or fax confirmation).

What Happens After Filing the Notice of Protest?

Upon receipt of a timely Notice of Protest, the Motor Vehicle Review Board enters an order fixing a hearing date (generally within 60 days of the order). Notice of the hearing is sent by certified mail to both the manufacturer and the protesting dealer.

A hearing officer (an attorney licensed in Illinois) conducts the hearing. Both parties may present testimony, evidence, and argument. In many cases involving additional franchises, relocations, terminations, or similar actions, the manufacturer bears the burden of proving “good cause.”

The Board issues a written decision containing findings of fact and a determination of the issues. Either party may appeal the decision in accordance with Illinois administrative and civil procedure rules.

Key Legal References and Official Sources

Primary sources for Form DAH A 17 and related procedures include:

Practical Tips for Illinois Dealers

Dealers should treat any manufacturer notice of proposed action with urgency. Calendar the 30-day protest deadline immediately upon receipt. Consult experienced franchise counsel early, as the factual narrative and supporting documentation significantly influence the strength of the protest.

Maintain organized records of all manufacturer correspondence, performance data, market analyses, and franchise agreements. These materials are essential attachments to Form DAH A 17.

Because deadlines are jurisdictional and strictly enforced, late filings are generally not accepted. When in doubt, file the notice and supporting documents as soon as possible and seek legal advice regarding any procedural questions.

Conclusion

Illinois Secretary of State Form DAH A 17 (Notice of Protest) is a vital protective mechanism for motor vehicle dealers under the Illinois Motor Vehicle Franchise Act. Proper and timely use of this form preserves a dealer’s right to a formal hearing before the Motor Vehicle Review Board and can prevent irreversible manufacturer actions.

U.S. dealers operating in Illinois should download the current form, understand the statutory timelines, and act promptly when facing proposed franchise changes. For the most up-to-date version of the form and related instructions, always refer to the official Illinois Secretary of State website.

Official download link: https://www.ilsos.gov/content/dam/publications/pdf_publications/dah_a17.pdf