(a) The fund or the department is not liable to a consumer for a recovery from the fund if the assets of the fund are insufficient to pay the amount awarded.
(b) If the fund contains insufficient assets to pay the consumer:
(1) the department shall record the time and date an order for payment to a consumer was received; and
(2) the department shall pay consumers for whom an order is recorded under Subdivision (1) as funds become available in the order of the recorded time and date of the order.