Sec. 27.5. (a) A person may not engage in any of the following activities unless the person has obtained a brokerage license from the department: (1) sell or offer for sale transportation subject to this chapter for compensation; (2) make any contract, agreement, or arrangement to provide, procure, furnish, or arrange for the transportation of passengers; or (3) profess by advertisement, solicitation, or otherwise as one who sells, provides, procures, contracts, or arranges for the transportation of passengers. In the execution of any contract, agreement, or arrangement to sell, provide, procure, furnish, or arrange for the transportation of passengers, a person may not employ any common or contract carrier who is not the lawful holder of an effective certificate issued as provided in this chapter. (b) A person is not required to obtain a brokerage license from the department if the person holds a certificate under this chapter, or if the person is an employee or agent of the motor carrier, when that person furnishes transportation wholly by the carrier or jointly with other motor carriers holding like certificates. (c) To apply for a brokerage license, a person must submit the following to the department: (1) a completed application form prescribed by the department; (2) a certificate of existence from the secretary of state; and (3) a surety bond. (d) In determining whether a brokerage license shall be issued, the department may, among other things, consider the following: (1) Whether the person has any tax liabilities and has filed all appropriate tax returns with the department. (2) Whether the person is up to date on all unified carrier registration payments. (3) Whether the person is properly insured. (e) The department and its special agents and examiners have the same authority as to accounts, reports, and records, including inspection and preservation of the accounts, reports, and records of any person holding a brokerage license issued under this section, that the department and the department's special agents and examiners have under this chapter with respect to motor carriers subject to this chapter. (f) The department shall charge an application fee under section 40 of this chapter. (g) A person who violates this section commits a Class C infraction. (h) A person that has been issued a brokerage license must renew the license with the department on a annual basis. The department shall charge an annual renewal fee.
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