1995 — FIELDS AND THE CREATION OF THE ILLINOIS MOTOR VEHICLE REVIEW BOARD One of the most important features of the Act is the formation of the Illinois Motor Vehicle Review Board in 1995. The Board is a quasi-judicial administrative Board comprised of seven members appointed by the Secretary of State to represent the public interest at large who have not engaged in the sale, manufacture, or distribution of vehicles at retail. The Board’s sole function is to resolve disputes arising under the Motor Vehicle Franchise Act. Although most protests that are filed with the Board are settled before they reach the Board, some protests proceed through the entire (quasi) judicial process of discovery, testimony and oral argument before the SOS’ independent hearing officer. At the conclusion of those proceedings, the hearing offer will submit a proposed decision to the Board for the Board to adopt, reject, or modify. Since 1995, the Board has heard over 350 protests. Prior to 1995, Motor Vehicle Franchise Act disputes were heard in Illinois Circuit Court. The only way to stop a violation of the Act was by making a slow and costly slog through court, making it difficult for violations to be readdressed. The 1994 Fields Jeep-Eagle v. Chrysler Corp. litigation involved several consolidated lawsuits to resolve dealer challenges to motor vehicle dealership relocations. In Fields, the Illinois Supreme Court held that the Act, as it was structured at the time, violated the separation of powers doctrine under the Illinois Constitution by delegating nonjudicial functions to the courts. The court held that the duty to investigate and weigh statutory and non-statutory factors for determining whether there is good cause to establish or relocate motor vehicle dealerships and whether the establishment or relocation of a dealership is in the public interest and welfare were functions for a legislative or administrative body. The Fields decision created a blueprint for the formation of the Motor Vehicle Review Board. 1995 — SB 539 • Senate Bill 539 (Public Act 89-145, effective July 14, 1995) significantly modernized the Illinois Motor Vehicle Franchise Act by establishing the Illinois Motor Vehicle Review Board. Public Act 89-145 also clarified definitions and outlined specific procedures for hearings on franchise disputes. 14 Illinois Automobile Dealer News
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