(1) The employee or one or more members of the employee's family or both have an ownership interest in a family owned business, but the employee is not actively engaged in the day-to-day management of the business;
(2) The employee is employed by a department of the unit of the university system in a position below that of department head; and
(3) The transaction is:
(A) With a unit of the university system different than the unit employing the employee; or
(B) With a department of the employing unit of the university system different than the department employing the employee.