UPDATE 9/30: The State DSS Commissioner released the final order revoking Ashwood Assisted Living's operating license Monday. They now have 30 days to appeal the decision.

HAMPTON -- A Hampton assisted living facility that has been operating without a license for more than a year is still open, despite two rulings from the Virginia Department of Social Services that it should be shut down.

The Ashwood Assisted Living facility has been the target of more than one dozen inspections by DSS inspectors since early 2012.

As a result of those inspections, the state revoked Ashwood's temporary operating license in August 2012.

That decision was appealed to the Department of Social Services' licensing division, which upheld the revocation.

Susan Potter is a Virginia Beach attorney who has worked to shut down Ashwood and six other adult living facilities in the region. Her efforts have uncovered deplorable living conditions at the facility.

These conditions are just appalling and they need to be stopped immediately,' Potter said. 'These people need to be sent to a place where they're properly fed, properly cared for.'

State inspectors most recently visited Ashwood on September 16. According to a report, an inspector found mold in a shower shared by residents, areas of the facility that smelled like urine and multiple instances of patients not receiving medication they were prescribed or patients receiving medications without a prescription.

Potter says another inspection found an elderly resident laying on the floor in nothing but an adult diaper covered in human waste. That instance was specifically cited by state licensing officials in deciding to uphold the facility's license revocation.

Despite the state's findings and multiple decisions that the facility should be closed, Ashwood remains open.

Joron Moore, a spokeswoman for the Department of Social Services says the department is compiling the order to close the facility.

Moore says the order has been signed by the division's director and has been sent to Ashwood's owner, Scott Schuett. Until Schuett receives the order, though, it does not become official.

An employee who answered the phone at Ashwood Assisted Living declined to comment and hung up the phone when 13News Now called on Friday.

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