Upon termination of the commission, the application requirements set forth in Section 3 of this exempt legislative rule and all duties set forth in Sections 4 and 5 of this exempt legislative rule as they are to be performed in connection with Old Fund liabilities as set forth in W. Va. Code § 23-2C-2(m) shall be required and performed by the insurance commissioner and/or the insurance commissioner's administrator of the Old Fund or the administrator of other various funds regulated by the insurance commissioner. The application requirements set forth in Section 3 of this exempt legislative rule and all duties set forth in Section 5 of this exempt legislative rule as they are to be performed in connection with liabilities other than those contained in the Old Fund may be required and performed by insurers as defined above.
W. Va. Code R. § 85-5-6