Spot and Listen Checks and Divine Insight

[RexDart]

I'm not sure the distinction is made specific anywhere in the rules, but in practice, there are two kinds of spot/listen checks:
1. "Active" - "I put my ear up to the door and listen to find out if there's a monster behind the door making noise."
2. "Passive" - The DM says "Make a Listen roll" to determine if you perceive the monster rustling around in the darkness preparing to attack you.

Could you use Divine Insight in the 2nd instance? On the one hand, I'd say no, because it requires a conscious decision. But another way to interpret the "passive" Listen check would be "What was that? [Listens carefully and rolls and fails] Eh, probably just the wind." In other words, they hear "something," which is enough of a gap to consciously use Divine Insight?

[Learn34]

I'm AFB atm, but at least my opinion is that it comes down to the casting/activation time. If it's an immediate action, then they can pop it whenever they like. Immediate actions, AFAIK, function on a much more "game" mode of play than other actions. They're about what the player knows and wants to do rather than anything to do with their character.

If it's anything other than an immediate action, I'd say no, they couldn't pop it.

Finally, the distinction between active and reactive listen/spot check is noted in the "Action" section of the skills' descriptions in the SRD.

[Crake]

If a DM could reasonably roll the dice for said check behind the screen without you knowing what he's doing, then you probably can't divine insight it. The "passive" check you described is completely out of your character's conscious action. The scenario you described isn't of a character failing the roll, it's of the character passing the roll and dismissing it. If your character failed the listen check, they simply wouldn't have heard anything to begin with, and wouldn't have any conscious capability to apply divine insight to their roll.